Definition of Attempt

In criminal law. An effort or endeavor to accomplish a crime, amounting to more than mere preparation or planning for it, and which, if not prevented, would have resulted in the full consummation of the act attempted, but which, in fact, does not bring to pass the party's ultimate design. People v. Moran, 123 N. Y. 254, 25 N. E. 412, 10 L. R. A. 109, 20 Am. St. Rep. 732 ; Gandy v. State, 13 Neb. 445, 14 N. W. 148; Scott v. People, 141 111. 195, 30 N. E. 329; Brown v. State, 27 Tex. App. 330, 11 S. W. 412; U. S. v. Ford (D. C.) 34 Fed. 26; Com. v. Eagan, 190 Pa. 10, 42 Atl. 374. An intent to do a particular criminal thing combined with an act which falls short of the thing intended. 1 Bish. Grim. Law, § 728. There is a marked distinction between "attempt" and "intent." The former conveys the idea of physical effort to accomplish an act; the latter, the quality of mind with which an act was done. To charge, in an indictment, an assault with an attempt to murder, is not equivalent to charging an assault with intent to murder. State v. Marshall, 14 Ala. 411.