ATTEMPT (Lat. adtemptare, attentare, to try)

This article appears in Volume V02, Page 880 of the Encyclopedia Britannica.

Encyclopedia Britannica - Main :: ARN-AUD

ATTEMPT (Lat. adtemptare, attentare, to try) , in law, an act done with

intent

INTENT (from Lat. intend ere, to stretch out, extend, particularly in the phrase intendere animum, to turn one's mind to, purpose)

to commit a crime, and forming one of a

series

SERIES (a Latin word from serere, to join)

of acts which would constitute its actual commission if it were not interrupted. An attempt must proceed beyond mere preparation, but at the same time it must fall short of the ultimate purpose in any

part

PART

of it. The actual point, however, at which an act ceases to be an attempt, and becomes criminal, depends upon the circumstances of each particular

case

CASE
CASE, JOHN (d. 1600)

. A person may be guilty of an attempt to commit a crime, even if its commission in the manner proposed was impossible. Every attempt to commit a treason,

felony

FELONY (0. Fr. felonie, from felon, a word meaning " wicked," common to Romanic
languages
- LANGUAGES
, cf. Italian fella, fellone, the ultimate origin of which is obscure, but is possibly connected either with Lat. fel,
gall
- GALL (a word common to many Teutonic
  languages
  - LANGUAGES
  , cf. Dutch gal, and Ger. Galle; the Indo-
  European
  - EUROPEAN
  root appears in Gr. xoXi,, and Lat. fel; possibly connected with " yellow," with reference to the colour of bile)
- GALL, FRANZ JOSEPH (1758-1828)
, or fallere, to deceive. The
English
- ENGLISH
" fel

or indictable misdemeanour is in itself an indictable misdemeanour, punishable by fine or imprisonment, unless the attempt to commit is specifically punishable by

statute

STATUTE

as a

felony

FELONY (0. Fr. felonie, from felon, a word meaning " wicked," common to Romanic languages, cf. Italian fella, fellone, the ultimate origin of which is obscure, but is possibly connected either with Lat. fel,
gall
- GALL (a word common to many Teutonic languages, cf. Dutch gal, and Ger. Galle; the Indo-
  European
  - EUROPEAN
  root appears in Gr. xoXi,, and Lat. fel; possibly connected with " yellow," with reference to the colour of bile)
- GALL, FRANZ JOSEPH (1758-1828)
, or fallere, to deceive. The
English
- ENGLISH
" fel

, or in a defined manner as a mis demeanour; and a person who has been indicted for a felony or Misdemeanour may,
if the evidence so warrants, be found guilty only of the attempt, provided that it too is a misdemeanour.

End of Article: ATTEMPT (Lat. adtemptare, attentare, to try)

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