Cox v. People

Citations

• 82 Ill. 191

Syllabus

<p>1. Criminal law—solicitation to commit wime—when indictable. Solicitations to commit crime are indictable, where their object is to provoke a breach of the public peace, or to interfere with public justice, or where perjury is advised, or the escape of a prisoner is encouraged, or the corruption of a public officer is sought. But if the offense be not consummated, and if it be not of such a character that its solicitation lends to a breach of the peace, or the corruption of the body politic, the mere solicitation is not, of itself, indictable.</p> <p>2. Same—attempt to commit incest. A mere effort, by persuasion, to produce a condition of mind essential to the commission of the crime of incest, without any step taken towards the commission of the offense, is not an attempt to commit the crime, within the meaning of the section of the Criminal Code providing for the punishment of whomsoever attémpts to commit an offense prohibited by law, and does any act towards it, but fails or is intercepted or prevented in its execution.</p>