Supreme Court of North Carolina, 1876

State v. Jordan

State v. Jordan
Supreme Court of North Carolina · Decided June 15, 1876 · Reads
75 N.C. 27
State v. Jordan

Cases that cite this one

1 later published case cites this decision.

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Opinion of the Court

Reads, 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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