Commonwealth v. Stefanczyk

Citations

• 77 Pa. Super. 27
• 1921 Pa. Super. LEXIS 200

Syllabus

<p>Criminal law — Breaking into freight car — Frustrated attempt— C onviction — Evidence—Sufficiency.</p> <p>An attempt, in general, is an overt .act done in pursuance of an intent to do a specific thing, tending to the end but falling short of the complete accomplishment of it. In law the definition must have this further qualification, that the overt act must he sufficiently proximate to the intended crime to form one of the natural series of acts, which the intent requires for its full execution.</p> <p>On the trial of an indictment for breaking into a freight car, the evidence is sufficient to warrant a conviction where it appeared that the defendant in the night time broke the seal of a box car, and had a screw driver with which to do the work in his hand, a bag under his right arm, a revolver and flash light in his pocket, and succeeded in breaking into the ear by forcing the door.</p> <p>The fact that he was alarmed immediately after breaking into the car and sought to escape, and that the car was loaded with brick instead of other commodities does not change the character of the offense committed.</p>