Petty v. State

The defendant was indicted for attempted robbery in the first degree. Sentence was twelve years' imprisonment. This case is reversed and the cause remanded because the indictment did not charge any offense.

The indictment, in pertinent part, charged that the defendant

"did, with the intent to commit the crime of Robbery 1st Degree, Section 13A-8-41 of the 1975 Code of Alabama, attempt to commit said offense, in violation of Title 13A-4-2 of the 1975 Code of Alabama, . . ."

This indictment charges that the defendant violated the attempt statute by attempting to commit the crime of robbery in the…