Legal Opinion

Gervin v. State

Tennessee Supreme Court

Decided October 11, 1963PublishedCited by 50 opinions

1Opinion of the CourtJustice Dyee

This appeal in error is from a verdict and judgment convicting Gervin, the appellant here and defendant below, of an attempt to commit murder in violation of Section 39-603, T.C.A. This section is onr general attempt statute which provides for. attempts to commit felonies, either by assault or otherwise.

The question to be decided is whether or not an indictment which alleges criminal solicitation is sufficient in law to aver an attempt to commit a felony under Section 39-603, T.C.A. This question necessarily involves the primary consideration of common law, criminal solicitation as an attempt.

2Cases cited11 opinions

  1. State v. MandelArizona Supreme Court · 1954
  2. State v. AverySupreme Court of Connecticut · 1828
  3. State v. CohenSupreme Court of New Jersey · 1960
  4. Olsen v. SharpeTennessee Supreme Court · 1950
  5. State v. ButlerWashington Supreme Court · 1894

6 more not listed; retrieve them via the Exa API.

3Cited by50 opinions

  1. State v. LewisCourt of Criminal Appeals of Tennessee · 2000
  2. Zickefoose v. StateIndiana Supreme Court · 1979
  3. Hall v. StateTennessee Supreme Court · 1973
  4. State v. KimbroughTennessee Supreme Court · 1996
  5. United States v. American Airlines, Inc. And Robert L. CrandallCourt of Appeals for the Fifth Circuit · 1984

45 more not listed; retrieve them via the Exa API.

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