State v. Jordan

Citation75 N.C. 27
CourtUnited States State Supreme Court of North Carolina
Decision Date30 June 1876
PartiesSTATE v. SIMON JORDAN.
OPINION TEXT STARTS HERE

Whenever there is a criminal intent to commit a felony, and some act is done amounting to an attempt to accomplish the purpose without doing it, the perpetrator is indictable as for a misdemeanor.

INDICTMENT for an attempt to commit burglary, tried before MOORE, J., at December (Special) Term, 1875, of HALIFAX Superior Court.

The bill of indictment charges that the defendant “did attempt to commit an offence prohibited by law, to wit: did feloniously, burglariously, maliciously and secretly attempt to break and enter the dwelling house of one Spier Whitaker, there situate, in the night time of the day aforesaid, by being then and there in the porch of said dwelling house, and by then and there endeavoring feloniously, burglariously, maliciously and secretly, to break open the door and window of said dwelling house with the intent, &c.”

Upon motion of the prisoner's counsel, his Honor quashed the bill and the State appealed.

Attorney General Hargrove

, with whom was Bledsoe, for the State, cited: Wharton's Crim. Law, sec. 2,696; Rex v. Kinnersley, 1 Str. 193; The King v. Higgins, 2 East's R. 4.

No counsel for the defendant in this Court.

READE, J.

Whenever there is a criminal intent to commit a felony--as in this case burglary--and some act is done amounting to an attempt to accomplish the purpose without doing it, the perpetrator is indictable as for a misdemeanor. Wharton's Criminal Law, sec. 2,696. The King v. Higgins, 2 East. R. 4, is a very full and satisfactory authority.

It was error to quash the indictment. This will be certified.

PER CURIAM. Judgment reversed.

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18 cases
  • State v. Surles
    • United States
    • United States State Supreme Court of North Carolina
    • April 20, 1949
    ...v. Boyden, 35 N.C. 505. In conformity to this rule, an attempt to commit burglary was expressly adjudged to be a misdemeanor in State v. Jordan, 75 N.C. 27, which was handed down in 1876. This holding has not been overruled or questioned by any subsequent decision. thermore, no statute has ......
  • State v. Hageman, 206A82
    • United States
    • United States State Supreme Court of North Carolina
    • November 3, 1982
    ...90 S.E.2d 550 (1955); State v. Spivey, 213 N.C. 45, 195 S.E. 1 (1938); State v. Stephens, 170 N.C. 745, 87 S.E. 131 (1915); State v. Jordan, 75 N.C. 27 (1876). In State v. Parker, 224 N.C. 524, 31 S.E.2d 531 (1944), defendants were convicted of the offense of "an attempt to feloniously rece......
  • State v. Surles
    • United States
    • United States State Supreme Court of North Carolina
    • April 20, 1949
    ......s. 14-51. At common law, however, an attempt to commit a felony. is only a misdemeanor. State v. Stephens, 170 N.C. 745, 87 S.E. 131; State v. Boyden, 35 N.C. 505. In. conformity to this rule, an attempt to commit burglary was. expressly adjudged to be a misdemeanor in State v. Jordan, 75 N.C. 27, which was handed down in 1876. This. holding has not been overruled or questioned by any. subsequent decision. Furthermore, no statute has been enacted. since its rendition declaring an attempt to commit burglary. to be a felony. For these reasons, G.S. s 14-2 has no bearing. on ......
  • State v. Allen
    • United States
    • United States State Supreme Court of North Carolina
    • October 24, 1923
    ...... of the same crime, or of an attempt to commit the crime so. charged, or of an attempt to commit a less degree of the same. crime," though the state may fail to prove the burglary. Archbald's Cr. Pr. & Pl. 1076 and 1108; State v. Jordan, 75 N.C. 27; State v. Allen, 11 N.C. 356; State v. Grisham, 2 N. C. 13. . .          But,. under the present bill of indictment, the prisoner is not. charged with the actual commission of a felony in the. dwelling house of A. B. Allen, and there is no evidence. tending to show that ......
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