Lovett v. State
Texas Supreme Court
Appeal from Upshur. Tried below before the Hon. Charles A. Frazer. Indictment, one count for an attempt to steal a slave, another for an attempt to entice the slave away. The defendant was convicted, and the punishment assessed at three years confinement in the penitentiary. A motion for a new trial was overruled.
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Appeal from Upshur. Tried below before the Hon. Charles A. Frazer. Indictment, one count for an attempt to steal a slave, another for an attempt to entice the slave away. The defendant was convicted, and the punishment assessed at three years confinement in the penitentiary. A motion for a new trial was overruled. The evidence was as follows: The State introduced one Shepperd, who testified that about the last of December, A. D. 1856, or first of January, A. D., 1857, he was informed by his brother that a traveller by the name of Cleaves had informed him (Shepperd’s brother) that one Sam, a…
1Opinion of the CourtWheeler, J.
To “ attempt," is to make an effort to effect some object; to try, to endeavor, to use exertion for some purpose. (Webster’s Dic.) An attempt necessarily implies an exertion or effort. There is no evidence of any such exertion, effort, or attempt to steal or entice away the slave from his owner in this case. The evidence affords strong circumstances of suspicion. But that is not sufficient to convict of crime. *177The time proposed for consummating the crime was so distant as to render it very doubtful whether the accused had fully-resolved upon the commission of the act. There was ample room for…
2Cited by5 opinions
- Franklin v. StateCourt of Criminal Appeals of Texas · 1895
- Solis v. StateCourt of Appeals of Texas · 1986
- Flower v. Continental Casualty Co.Supreme Court of Iowa · 1908
- Dovalina v. StateCourt of Criminal Appeals of Texas · 1978
- Dovalina v. StateCourt of Criminal Appeals of Texas · 1978