State v. Thompson
Nevada Supreme Court
Appeal from the District Court of the First Judicial District of the State of Nevada, Esmeralda County; F. P. Pangan, Judge. James Thompson and another were convicted of an attempt to commit grand larceny, and they appeal. The facts sufficiently appear in the opinion. I. An attempt to commit a crime must -include some overt act or the intent must be proved beyond a reasonable doubt. This court has .already passed upon what is necessary in such a case.
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Appeal from the District Court of the First Judicial District of the State of Nevada, Esmeralda County; F. P. Pangan, Judge. James Thompson and another were convicted of an attempt to commit grand larceny, and they appeal. The facts sufficiently appear in the opinion. I. An attempt to commit a crime must -include some overt act or the intent must be proved beyond a reasonable doubt. This court has .already passed upon what is necessary in such a case. In the case of State, of Nevada v. Lung, 21 Nev. 209, this court entered into a full discussion of what constituted an attempt and cited a…
1DissentNorcross, C. J.
I am unable to concur in the view taken of this case by my associates, as I deem the evidence insufficient to support the verdict.
In Commonwealth v. Merrill, 14 Gray, 415, 77 Am. Dec. 336, cited in Jones v. State, 90 Ala. 628, 8 South. 383, 24 Am. St. Rep. 850, the court said: "The nature of the charge presupposes that the intent of the prisoner was not carried out. It is therefore necessary that the acts and conduct of the prisoner should be shown to be such that there can be no reasonable doubt as to the criminal intent. If these acts and conduct are equivocal, or equally consistent with…
2Cases cited21 opinions
- People v. . KoernerNew York Court of Appeals · 1897
- State v. WilsonSupreme Court of Connecticut · 1862
- Commonwealth v. McDermottMassachusetts Supreme Judicial Court · 1877
- Jones v. StateSupreme Court of Alabama · 1891
- People v. FlemingCalifornia Supreme Court · 1892
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