Morton v. State

Supreme Court of Florida
Morton v. State, 72 Fla. 265 (Fla. 1916)
73 So. 187
Cockrell

Morton v. State

Opinion of the Court

Cockrell, J.

—There was a conviction of an attempt to have carnal intercourse with an unmarried female of previous chaste character under the age of eighteen 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 South. Rep. 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 incompletecl act, and we there said that it was not necessary to allege failure in the attempt.

The judgment is affirmed.

Taylor, C. J., and Shackleford, Whitfield and Ellis, JJ., concur.

Reference

Full Case Name
F. J. Morton, in Error v. The State of Florida, in Error
Cited By
7 cases
Status
Published
Syllabus
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.