65 N. E. 989, 63 L. R. A. 353, 93 Am. St. Rep. 582.

501 Whart. Crim. Law (10th Ed.), § 181. Quoted in People v. Thomas, 63 Cal. 482; People v. Petros, 25 Cal. App. 236, 143 Pac. 246; People v. Grubb, 24 Cal. App. 604, 141 Pac. 1051; Dahlberg v. People, 225 Ill. 485, 80 N. E. 310; Cole v. State, 14 Okla. Cr. 18, 166 Pac. 1115, L. R. A. 1918 A 94; Ex parte Turner, 3 Okla. Cr. 168, 104 Pac. 1071; Hicks v. Com., 86 Va. 223, 9 S. E. 1024, 19 Am. St. Rep. 891.

51 State v. Lampe, 131 Minn. 65, 154 N. W. 737; State v. Dumas, 118 Minn. 77, 136 N. W. 311, 41 L. R. A. (N. S.) 439.

*

"It is not necessary that the act be such as inevitably to accomplish the crime by the operation of natural forces, but for some casual and unexpected interference. * * Usually acts which are expected to bring about the end without further interference on the part of the criminal are near enough, unless the expectation is very absurd." Com. v. Kennedy, 170 Mass. 18, 48 N. E. 770.

It is sufficient if the defendant does an act with intent to commit the offense, which in the ordinary course of events, unless interfered with, would have resulted in its commission. People v. Mills, 178 N. Y. 274, 70 N. E. 786, 67 L. R. A. 131.

52 People v. Allen, 32 Cal. App. 110, 162 Pac. 401.

So there may be an attempt to commit rape though no assault is actually committed. Lewis v. State, 35 Ala. 380; Burton v. State, 8 Ala. App. 295, 62 So. 394; State v. Pickett, 11 Nev. 255, 21 Am. Rep. 754; Ross v. State, 16 Wyo. 285, 93 Pac. 299, 94 Pac. 217. It is sufficient if the defendant prosecutes his purpose so far as to put the woman in terror and render flight necessary to escape his purpose. Lewis v. State, 35 Ala. 380; Burton v. State, 8 Ala. App. 295, 62 So. 394.

An assault is not an essential element of an attempt to administer poison. Collins v. State, 3 Heisk. (Tenn.) 14.

An assault is not involved in an attempt to commit the crime against nature not with a human being. People v. Oates, 142 Cal. 12, 75 Pac. 337.

53 Ex parte Turner, 3 Okla. Cr. 168, 104 Pac. 1071.

54 People v. Youngs, 122 Mich. 292, 81 N. W. 114, 47 L. R. A. 108.

55 Groves v. State, 116 Ga. 516, 42 S. E. 755, 59 L. R. A. 598.

56 In State v. Lung, 21 Nev. 209, 28 Pac. 235, 37 Am. St. Rep. 505, it was held that an attempt to administer cantharides to a woman, with intent to have intercourse with her by this means, was not an attempt to rape,

62

64

even conceding that having intercourse by this means would constitute rape.

57''Preparation for adultery necessarily consists of such preliminary arrangements as appointing the time and place of meeting, and repairing to the rendezvous.'' State V. Schwarzbach, 84 N. J. L. 268, 86 Atl.

423.

58 Procuring metal dies with intent to counterfeit money does not amount to an attempt. Reg. v. Roberts, Dears. C. C. 539, 7 Cox C. C. 39.

59 State v. Lampe, 131 Minn. 65, 154 N. W. 737.

60 The purchase of coal oil and matches with intent to commit arson is not an attempt to commit that offense. Reg. v. Taylor, 1 F. & F. 511.

A mere collection of combustibles in a room for the purpose of setting fire to them, is not sufficient to constitute an attempt when unaccompanied by a present intent to set the fire. It was intimated that the indictment would have been sufficient if it had alleged the preparation of the room and a solicitation of some one else to set the fire. Com. V. Peaslee, 177 Mass. 267, 59 N. E. 55. Compare cases in note 77, infra, this section.

61 Going to get a razor with which to commit an assault does not constitute an attempt. State v. Wood, 19 S. D. 260, 103 N. W. 25.

62 That the defendant intended to contract a marriage with his niece, that he eloped with her for that purpose, and that he requested a third

person to get a magistrate to perform the ceremony, does not amount to an attempt to contract an incestuous marriage. People v. Murray, 14 Cal. 159. 63 Moss v. State, 6 Ga. App. 524, 65 S. E. 300.

In United States v. Stephens, 8 Sawy. 116, 12 Fed. 52, the defendant was charged with an attempt to introduce spirituous liquors into Alaska, in violation of an act of congress. The evidence showed that he sent from Alaska, where he resided, to a wholesale dealer in San Francisco, an order for 100 gallons of whisky, to be shipped to him in Alaska. It was held that he was not guilty of an attempt to introduce the whisky into Alaska, as he had done no act to carry out his illegal intent of which the law could take cognizance, the offer to purchase the whisky being an act preparatory and indifferent in its character.

64 One who starts out with a loaded gun to hunt game in a closed season is not guilty of an attempt to kill game. His conduct does not go beyond mere preparation. Cornwell v. Fraternal Acc. Ass'n, 6 N. D. 201, 69 N. W. 191, 40 L. R. A. 437, 66 Am. St. Rep. 601.

65 Procuring by a prisoner of tools adapted to jail breaking, with the intent to use them for that purpose, does not constitute an attempt. State v. Hurley, 79 Vt. 28, 64 Atl. 78, 6 L. R. A. (N. S.) 804, 118 Am. St. Rep. 934.

66 Ex parte Floyd, 7 Cal. App. 588, 95 Pac. 175.

67 Stabler v. Com., 95 Pa. St. 318, 40 Am. Rep. 653; Hicks v. Com., 82 Va. 223, 9 S. E. 1024, 19 Am. St. Rep. 891; Reg. v. Williams, 1 Den. C. C. 39.

Compare cases in note 69, infra, this section.

68 One who, with intent to poison a third person, purchases poison and gives it to his minor son with directions to put it in such person's food, may be convicted of an attempt to poison such person. Collins v. State, 3 Heisk. (Tenn.) 14.

69 Where the evidence showed that the defendant, with intent to kill B, induced a third person to put poison in his food, that the poisoned food was served to B, and that he put some of it in his mouth, but did not swallow it because of its bitter taste, it was held that the evidence warranted a conviction of an attempt to poison B with intent to murder him. Johnson v. State, 1 Ala. App. 102, 55 So. 321.

70 Nor does soliciting a person to burn a building, and furnishing him with coal oil and matches for that purpose. McDade v. People, 29 Mich. 50.

71 Soliciting another to commit arson, offering him a bribe or reward to do so, and furnishing him with

matches. People v. Bush, 4 Hill (N. Y.) 133; State v. Bowers, 35 S. C. 262, 14 S. E. 488, 15 L. R. A. 199, 28 Am. St. Rep. 847.

Where the defendant solicited another person to burn a building, went to the building with him, gave him coal oil, and then went to get matches and did not return, it was held that he was guilty of an attempt. State v. Hayes, 78 Mo. 307.

72 State v. Thompson, 31 Nev. 209, 101 Pac. 557; People v. Mills, 178 N. Y. 274, 70 N. E. 786, 67 L. R. A. 131.

Making a false key to a storehouse and soliciting a third person to use it for the purpose of entering the storehouse and stealing. Griffin v. State, 26 Ga. 493.

In Reg. v. Cheeseman, 9 Cox C. C. 100, L. & C. 140, the defendant had laid aside some of his employer's goods, with the intent to carry them off when he should have an opportunity, but was detected before he could do so. He was held guilty of an attempt to commit larceny.

73 People v. Lawton, 56 Barb. (N. Y.) 126; Reg. v. Bain, 9 Cox C. C. 98.

One who, with intent to feloniously enter a store, breaks a transom window in the nighttime, but is discovered and flees before he succeeds in making an entry, may be convicted

of an attempt to commit burglary. Com. v. Flaherty, 25 Pa. Super. Ct. 490.

It was held an attempt to procure tools and go to the place intended, although defendants were surprised while merely reconnoitering. People v. Sullivan, 173 N. Y. 122, 65 N. E. 989, 63 L. R. A. 353, 93 Am. St. Rep. 582.

Persons who, with intent to commit burglarly, approach and watch a house, and when the owner comes out attack and bind and gag him to disable him from resisting their entry, and then start for the house, and only abandon their intent when frightened by an approaching team, are guilty of an attempt. Com. v. Eagan, 190 Pa. St. 10, 42 Atl. 374.

74 Persons who with intent to rob another attack, beat, gag and bind him in execution of such intent, and are then frightened away, are guilty of an attempt. Com. v. Eagan, 190 Pa. St. 10, 42 Atl. 374.

Where defendant suggested to another the commission of a robbery, furnished him with a weapon to carry it out, and was present at the place where it was committed where he was arrested by officers who had been warned by his supposed confederate, it was held that he was guilty of an attempt. People v. Du Veau, 105 N. Y. App. Div. 381, 94 N. Y. Supp. 225.

Where two persons, who had planned to rob a saloon, armed themselves and went to the place, and one of them pushed open the door with intent to enter and rob the inmates, and thrust his head within, but then withdrew because of the large number of inmates, it was held that there was a sufficient overt act to constitute an attempt. People v. Moran, 18 Cal. App. 209, 122 Pac. 969.

arson,77

75 A member of a committee of a city council was held to be guilty of an attempt to commit bribery where he asked a third person for a sum of money as a condition for voting for the allowance of a claim pending before the committee, urged him to pay it and additional sums to other members, and offered to have the committee convened and favorable action taken on the claim if his demands were granted. Rudolph v. State, 128 Wis. 222, 107 N. W. 466, 116 Am. St. Rep. 32.

76 In Reg. v. Eagleton, Dears. C. C. 515, the defendant was held guilty of an attempt where he had contracted to deliver goods, and had, by false pretenses, obtained credit for more than he had delivered, but was not paid because of discovery of the fraud.

77 State v. Taylor, 47 Ore. 455, 84 Pac. 82, L. R. A. (N. S.) 417, 8 Ann. Cas. 627; Uhl v. Com., 6 Gratt. (Va.) 706.

Where it appeared that defendant intended to commit the crime of arson, that he hired agents to commit it and advised and aided them in the necessary preparation and in securing the means with which to commit it, that such agents entered the building for the purpose of burning it, and that the attempt failed only because such agents were interrupted by the officers of the law, it was held that he might be convicted of an attempt. State v. Dumas, 118 Minn. 77, 136 N. W. 311, 41 L. R. A. (N. S.) 439.

In Rex v. Scofield, Cald. 397, setting a lighted candle under a stairway with intent to burn the house was held an attempt to commit arson. And see McDermott v. People, 5 Park. Cr. (N. Y.) 102.

Where the overt acts, including the

entry into a building, were done as part of one proposed proceeding looking to the burning of the building, and incidentally the blowing of a safe therein, the fact that the entry was also made for the purpose of blowing the safe, was held not a controlling factor in determining whether the defendant was guilty of an attempt to commit arson. State v. Dumas, 118 Minn. 77, 136 N. W. 311, 41 L. R. A. (N. S.) 439.

Compare cases in note 60, supra, this section.

78 Where two persons started to take a bomb, which had previously been prepared by one of them, to the place where they had planned to place it on a railroad, but on the way discovered that they were watched and thereupon abandoned their purpose, it was held that there was a sufficient overt act to constitute an attempt. People v. Stites, 75 Cal. 570, 17 Pac. 693.

79 Burton v. State, 8 Ala. App. 295, 62 So. 394; State v. Downing, 23 Idaho 540, 130 Pac. 461; Glover v. Com., 86 Va. 382, 10 S. E. 420.

A person who takes possession of a female under the age of consent by laying hands upon her, and endeavors to have carnal knowledge of her, but for any reason fails to do so, is guilty of an attempt. Nider v. Com., 140 Ky. 684, 131 S. W. 1024, Ann. Cas. 1913 E, 1246.

80 State v. McGilvery, 20 Wash. 240, 55 Pac. 115.

81 Placing a pregnant woman on an operating table in a position to be operated upon and preparing instruments to be used in performing the operation, are sufficient overt acts to sustain a conviction for an attempt to commit an abortion. People v. Conrad, 102 N. Y. App. Div. 566, 92

mur

N. Y. Supp. 606, aff'd 182 N. Y. 529, 74 N. E. 1122.

The administrative of a nonabortifacient anaesthetic for the purpose of an examination to determine the necessity of producing a miscarriage to save the woman's life is not an offense. State v. Tippie, 89 Ohio St. 35, 105 N. E. 75.

82 Where the defendant turned a woman over to the custody of the keeper of a house of prostitution with instructions to place her in such a house to become an inmate thereof for the purpose of carrying on the business of prostitution, and the keeper of the house turned the woman over to the authorities, it was held that the defendant was guilty of an attempt to commit the crime of pandering. People v. Petros, 25 Cal. App. 236, 143 Pac. 246.

Where defendant procured a place for a woman in a house of prostitution in another city, with intent that she should there engage in the business of prostitution, and assisted her to go to the other city where she was met by the keeper of the house and taken to it, it was held that he was guilty of an attempt to commit pandering although the woman did not remain in the house or engage in prostitution there. People v. Grubb, 24 Cal. App. 604, 141 Pac. 1051. And the keeper of the house was also convicted of an attempt. People v. Marks, 24 Cal. App. 610, 142 Pac. 98. 83 Where persons intending to commit adultery have met in a room and are disrobed or disrobing, and nothing but an extraneous cause prevents the accomplishment of the intended criminal purpose, they have progressed beyond the stage of mere preparation and are engaged in the attempted commission of the offense. State v.