State v. Dawson
Nevada Supreme Court
Appeal from Second Judicial District Court, Washoe County; Edward F. Lunsford, Judge. G. R. Dawson was convicted of attempted rape, and he appeals. The information is fatally defective. There are three essential elements in an attempt to commit a crime, namely, the intent to commit the particular crime, the doing of some act toward its commission, and the failure to consummate it.
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Appeal from Second Judicial District Court, Washoe County; Edward F. Lunsford, Judge. G. R. Dawson was convicted of attempted rape, and he appeals. The information is fatally defective. There are three essential elements in an attempt to commit a crime, namely, the intent to commit the particular crime, the doing of some act toward its commission, and the failure to consummate it. Rev. Laws, 6291; State v. Thompson, 31 Nev. 209; 16 C. J. 111-118. Each of these elements must be alleged in an information. The information in this case fails to state any of them. The charge of “attempt to have…
1Opinion of the Court
*257By the Court,
Sanders, C. J.:
Appellant was charged, tried,, and convicted upon the following information:
“L. D- Summerfield, district attorney within and for the county of Washoe, State of Nevada, in the name and by the authority of the State of Nevada, informs the above-entitled court that G. R. Dawson', the defendant above named, has committed a felony, to wit, attempted rape, in the manner following:
“That said defendant on the 19th day of September, A. D. 1920, or thereabouts, and before the filing of this information, at and within the county of Washoe, State of Nevada, did then and there,…
2Cases cited8 opinions
- Glover v. CommonwealthSupreme Court of Virginia · 1889
- Hirshberg v. StraussCalifornia Supreme Court · 1883
- State v. TrolsonNevada Supreme Court · 1893
- Hogan v. StateSupreme Court of Florida · 1905
- Williams v. StateCourt of Criminal Appeals of Oklahoma · 1913
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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- Larsen v. StateNevada Supreme Court · 1970
- Allisot v. Federal Shipbuilding & Drydock Co.Supreme Court of New Jersey · 1950
- Vincze v. SHERIFF, COUNTY OF CLARKNevada Supreme Court · 1970
- State v. MillsNevada Supreme Court · 1929