State v. Donovan

Citations

• 28 Del. 40
• 5 Boyce 40
• 90 A. 220
• 1914 Del. LEXIS 7

Syllabus

<p>1. Criminal Law—Attempts to Commit Crime.</p> <p>To constitute an attempt to commit either a statutory or common-law crime, there must be some act done in part execution of the design to commit the crime.</p> <p>2. Arson—Attempts.</p> <p>While the overt act necessary to constitute an attempt to commit a crime need not be the next preceding or proximate act necessary to the consummation of the intended crime, a mere offer of money or solicitation to commit arson is not a sufficient overt act.</p> <p>3. Indictment and Information—Following Language of Statute.</p> <p>An indictment charging that accused attempted to set on fire a certain warehouse, though substantially in the language of the statute was insufficient to plainly and fully inform accused of the nature and cause of the accusation against him, as required by Const. 1897, art. 1, § 7; it not being sufficient to follow the language of the statute when the elements of the crime are not supplied by the statute, or when recourse must be had to the common law to determine the constituent elements.</p> <p>4. Criminal Law—Offenses—Solicitation.</p> <p>Under Rev. Code 1852, amended to 1893, p. 926, c. 127, § 18, providing that all offenses indictable at common law and not specially provided for by statute shall be misdemeanors, and the statúte making it a felony to maliciously burn or set on fire any warehouse, it is an indictable offense to solicit another to burn or set on fire a warehouse, since it was a misdemeanor at common law to incite or solicit another to commit a felony or other aggravated crime, and page 933, c. 128, making attempts to burn other objects than buildings misdemeanors, was evidently enacted in aid of the common law and for the purpose of embracing things not covered by the common law, and not to constitute a complete code on the subject, and hence does not abrogate the common law on the subject of solicitation.</p> <p>5. Statutes—Construction with Reference to Other Statutes.</p> <p>Statu