People v. Murray
California Supreme Court
Appeal from tho Court of Sessions, Trinity County. Indictment for an attempt to contract an incestuous marriage. Defendant was tried, convicted, and sentenced to the State Prison for one year. lie appeals.
1Opinion of the CourtField, C. J.
The evidence in this case entirely fails to sustain the charge against tho defendant of an attempt to contract an incestuous marriage with his niece. It only discloses declarations of his determination to contract the marriage, his elopement with tho niece for that avowed purpose, and his request to ono of the witnesses to go for a magistrate to performthe ceremony. It shows very clearly tho intention of the defendant, but something more than mere intention is necessary to constitute the offense charged. Between preparation for the attempt and the attempt , itself, there is a wide difference.…
2Cited by63 opinions
- People v. DillonCalifornia Supreme Court · 1983
- Commonwealth v. PeasleeMassachusetts Supreme Judicial Court · 1901
- People v. MillerCalifornia Supreme Court · 1935
- Hicks v. CommonwealthSupreme Court of Virginia · 1889
- People v. Superior CourtCalifornia Supreme Court · 2007
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