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.