Cooper v. State

CARR, Judge.

The prosecution in this cause is based on Title 14, Sec. 85, Code 1940, with the exception that the charge is an attempt to commit the offense denounced by the section. Title 14, Sec. 42, Code 1940, provides :

“Upon the trial of an indictment for any offense, the jury may find the accused not guilty of the offense charged in the indictment, but, if the evidence warrants it, guilty of an attempt to commit such offense, without any special count in the indictment for such attempt.”

The authorities amply sustain the position that an indictment or complaint can be so framed as to charge…