Morton v. State
| Decision Date | 21 November 1916 |
| Citation | 73 So. 187,72 Fla. 265 |
| Parties | MORTON v. STATE. |
| Court | Florida Supreme Court |
Error to Criminal Court of Record, Duval County; Jas. M. Peeler, Judge.
F. J. Morton was convicted of an attempt to have carnal intercourse with an unmarried female of previous chaste character under the age of 18, and he brings error. Affirmed.
Syllabus by the Court
An information charging an attempt to commit a crime need not allege that the accused failed in the perpetration of the offense, or was intercepted or prevented in its execution.
COUNSEL A. R. Logan, of Jacksonville, for plaintiff in error.
T. F. West, Atty. Gen., and C. O. Andrews, Asst. Atty. Gen., for the State.
There was a conviction of an attempt to have carnal intercourse with an unmarried female of previous chaste character under the age of 18 years. After verdict, a motion in arrest was interposed, under which it is argued that the information does not charge that the accused failed in the perpetration of the offense, or was intercepted or prevented in the execution thereof.
The argument finds some support in the case of Viney Stevens v. State, 18 Fla. 903, but the information is fully supported by our decision in the much later case of Hogan v. State, 50 Fla. 86, 39 So. 464, 7 Ann. Cas. 139, where the 'attempt' statute is set out. The intent and the overt act are alleged. The word 'attempt' carries within itself the idea of an incompleted act, and we there said that it was not necessary to allege failure in the attempt.
The judgment is affirmed.
To continue reading
Request your trial
-
Evans v. Kloeppel
... ... plaintiff for the alternate value provided the thing could ... not be recovered ... Under ... the statutes of this state, the remedy is no longer limited ... to cases in which the taking is tortious, but the action lies ... for an unlawful detention. Section 2171, ... ...
-
General Ins. Co. of America v. Deen
... ... People's Nat. Bank, supra. (57 Ohio State 299, 48 N.E. 1100) The statutes do not do violence to the due process clause of the fourteenth amendment, because the surety by signing the ... ...
-
Pottinger v. State
...owner of the automobile which is a necessary ingredient to the crime charged. Granquist v. State, 86 Fla. 32, 97 So. 205; Morton v. State, 72 Fla. 265, 73 So. 187; Hogan v. State, 50 Fla. 86, 39 So. 464, 7 139; Smith v. State, 87 Fla. 502, 100 So. 738. The trial court committed reversible e......
-
Gustine v. State
... ... preparation, but falling short of execution of the ultimate ... design. Bouvier's Law Dict. (3d Rev.) vol. 1, title ... 'Attempt'; 8 R. C. L. 276; 1 Wharton's Crim. Law ... (11th Ed.) § 212; McClain's Crim. Law, § 222; 3 Am. & ... Eng. Enc. of Law (2d Ed.) 250; Morton v. State, 72 ... Fla. 265, 73 So. 187; Hogan v. State, 50 Fla. 86, 39 ... So. 464, 7 Ann. Cas. 139; Graham v. People, 181 Ill ... 477, 55 N.E. 179, 47 L. R. A. 731 ... One of ... the essential elements of larceny is an intent to feloniously ... deprive the owner permanently of the ... ...