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72 Fla. 265

Morton v. State

Supreme Court of Florida

Decided November 21, 1916

Supreme Court of Florida · decided 1916-11-21

<p>Writ of Error to Criminal Court of Record, Duval County; Jas. M. Peeler, Judge.</p>

Relies on Hogan v. State · Stevens v. State

Good law ✅— No negative treatment on recordhow we know

Judgment affirmed · Decided 1916-11-21

How this case has been cited

Cited by 8 later decisions — most recently July 1967

8 state decisions

30191619201930194019501960decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Cockrell, J.

¶1—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.

¶2The 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.

¶3The judgment is affirmed.

¶4Taylor, C. J., and Shackleford, Whitfield and Ellis, JJ., concur.

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