United States v. Ford
District Court, W.D. North Carolina
On Motion in Arrest of Judgment. This is a criminal action against George Ford. The indictment charges that defendant “did forcibly attempt to.rescue” certain property seized by a revenue collector. Defendant, being convicted, moves in arrest of judgment for want of certainty in the indictment.
1Opinion of the Court
Dick, J.’
The question of law presented as the ground for this motion has produced some conflict and confusion injudicial opinions, but I think it has been settled by a decided weight of authority.
The principle has often been judicially announced that at common law an attempt to commit a felony is a misdemeanor, and an attempt to commit a misdemeanor is itself a misdemeanor. The difficulty has been in defining an attempt to commit a crime with satisfactory accuracy, as each case was, in a greater or less degree, dependent on its own circumstances. An effort to make a general definition of such…
2Cases cited7 opinions
- United States v. CruikshankSupreme Court of the United States · 1876
- United States v. CarllSupreme Court of the United States · 1882
- United States v. GoodingSupreme Court of the United States · 1827
- United States v. SimmonsSupreme Court of the United States · 1878
- State v. GeorgeSupreme Court of North Carolina · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- People v. MillerCalifornia Supreme Court · 1935
- United States v. American Airlines, Inc. And Robert L. CrandallCourt of Appeals for the Fifth Circuit · 1984
- Herndon v. StateSupreme Court of Georgia · 1934
- People v. GoldsteinCalifornia Court of Appeal · 1956
- Alexander v. StateCourt of Appeals of Georgia · 1942
4 more not listed; retrieve them via the Exa API.