75 N.C. 27
Supreme Court of North Carolina
Decided June 15, 1876
Supreme Court of North Carolina · decided 1876-06-15
INDICTMENT for an attempt io- 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…
Good law ✅— No negative treatment on recordhow we know
Decided 1876-06-15
Cited by 3 later decisions — most recently November 1982
3 state decisions
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.
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¶1Whenever 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.
¶2It was error to quash the indictment. This will be certified.
¶3Per Curiam. Judgment reversed.