State v. Garbe

Citations

• 34 Wash. 395
• 75 P. 993
• 1904 Wash. LEXIS 364

Syllabus

<p>Criminal Law — Ineoemation—Burglary—Attempt to Commit —Distinguished erom Possession oe Tools With Intent. An information charging accused with an attempt to commit the crime of burglary “haying in his possession” certain implements of burglary, charges a felony under Bal. Code, §7437 relating to attempts, and not merely the misdemeanor defined by Bal. Code, §7106, in haying such implements in possession with intent to commit such offense, since an attempt is charged as distinguished from mere intent, and the latter section expressly applies only where the circumstances do not amount to an attempt; and the allegation respecting possession of tools is surplusage.</p>