State v. Wade

Citations

• 102 Miss. 711
• 59 So. 880

Syllabus

<p>1. Rape. Attempt. Indictment. Allegation of failure. Code 1906, section 1049.</p> <p>Au indictment under Code 1906, section 1049, charging an attempt to commit rape, need not allege that accused failed to commit rape upon the person of the prosecutrix, or that he was prevented from doing so.</p> <p>2. Same.</p> <p>The definition of an attempt to commit a crime is the same under this statute as under the common law, and since at common law it is not necessary to allege that the defendant failed to commit, or was prevented from committing the crime attempted, it is not necessary under the statute.</p>