State v. . Colvin
Supreme Court of North Carolina
INDICTMENT for an attempt to commit burglary, tried at January Term, 1884, of Robeson Superior Court, before MacJRae, J. The defendant was tried upon a bill of indictment which is substantially as follows: The jurors, &c., present that the defendant, &c., about the hour of ten in the night of the same day, with force and arms, &c., did feloniously attempt to break and enter the dwelling-house of Edward Surles, with intent the goods and chattels, &c., feloniously to steal,…
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INDICTMENT for an attempt to commit burglary, tried at January Term, 1884, of Robeson Superior Court, before MacJRae, J. The defendant was tried upon a bill of indictment which is substantially as follows: The jurors, &c., present that the defendant, &c., about the hour of ten in the night of the same day, with force and arms, &c., did feloniously attempt to break and enter the dwelling-house of Edward Surles, with intent the goods and chattels, &c., feloniously to steal, take and carry away, against the form of the statute, &c. The jury found the defendant guilty, and thereupon his counsel…
1Opinion of the CourtAshe, J.
The'attempt to commit a crime is an indictable offence at common law'. It, however, must be an attempt which stands in such connection with a projected deliberate crime that the crime, according to the usual and likely course of events, will follow from the attempt, 2 Whar. Cr. Law, §2705. And the same writer proceeds to say: “It is a familiar principle of criminal pleading, that where an act is only indictable under certain conditions, then these conditions must be stated in the indictment.”
In examining the authorities upon the subject, we find this principle of criminal pleading to obtain…
2Cases cited3 opinions
- Bitello v. LipsonSupreme Court of Connecticut · 1908
- State v. . UtleySupreme Court of North Carolina · 1880
- State v. JordanSupreme Court of North Carolina · 1876
3Cited by18 opinions
- State v. SurlesSupreme Court of North Carolina · 1949
- State v. SurlesSupreme Court of North Carolina · 1949
- State v. Charley LungNevada Supreme Court · 1891
- State v. . BatsonSupreme Court of North Carolina · 1941
- State v. RodriguezNevada Supreme Court · 1909
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