State v. Harvey

Defendant relies on Section 2376, Or. L., which reads as follows:

“If any person attempts to commit any crime, and in such attempt does any act toward the commission of such crime, but fails or is prevented or intercepted in the perpetration thereof, such person, when no other provision is made by law for the punishment of such attempt, upon conviction thereof shall be punished as follows: * * ”

The rule relied upon is stated thus in 8 R. C. L., p. 277, Section 294:

“An indictable attempt, therefore, consists of two important elements: first, an intent to commit the crime; and second, a direct…