State v. Jordan

75 N.C. 27
Supreme Court of North Carolina·Decided June 15, 1876·Published·Cited by 2 cases

Opinion

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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State v. Jordan, 75 N.C. 27 (N.C. 1876).

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90 N.C. 717 (Supreme Court of North Carolina, 1884)