F. J. MORTON, PLAINTIFF IN ERROR,
v.
THE STATE OF FLORIDA, DEFENDANT IN ERROR
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Supreme Court affirmed a conviction for attempted carnal intercourse, holding that the information sufficiently charged the offense without needing to explicitly state the failure or prevention of the act.
No, the information is sufficient as the term 'attempt' inherently implies an incomplete act, and alleging intent and an overt act is adequate.
“After verdict a motion in arrest was interposed under which it is argued that the information does not charge that the accused failed in the perpetration of the offense or was intercepted or prevented in the execution thereof.”
This quote describes the basis of the motion in arrest of judgment, which formed the core of the appeal.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe plaintiff in error was convicted of an attempt to have carnal intercourse with an unmarried female under eighteen years of age and of previous cha…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Overt Act cases and more on FLexlaw
Cockrell, J.
—There was a conviction of an attempt to have carnal intercourse with an unmarried female of previous chaste character under the age of eighteen years. After verdict a motion in arrest was interposed under which it is argued that the information does not charge that the accused failed in the perpetration of the offense or was intercepted or prevented in the execution thereof.
The argument finds some support in the case of Viney Stevens v. State, 18 Fla. 903, but the information is fully supported by our decision in the much later case of Hogan v. State, 50 Fla. 86, 39 South. Rep. 464, 7 Ann. Cas. 139, where the • “attempt” statute is set out. The intent and the overt act are alleged. The word attempt carries within itself the idea of an incompletecl act, and we there said that it was not necessary to allege failure in the attempt.
The judgment is affirmed.
Taylor, C. J., and Shackleford, Whitfield and Ellis, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Gustine v. State, 86 Fla. 24 (Fla. 1923)…but falling short of execution of the ultimate design. Bouvier’s Law Dict. 3 rev. vol. 1, title “Attempt;” 8 R. C. L. 276; 1 Wharton’s Crim. Law, 11 ed., Sec. 212; McClain’s Crim. Law, Sec. 222 ; 3 Am. & Eng. Enc. of Law, 2 ed. 250; Morton v. State, 72 Fla. 265, 73 South. Rep. 187; Hogan v. State, 50 Fla. 86, 39 South. Rep. 464; Graham v. People, 181 Ill. 477, 55 N. E. Rep. 179. One of the essential elements of larceny is an.intent to feloniously deprive the owner permanently of the property which'is the…
-
Groneau v. State, 201 So. 2d 599 (Fla. 4th DCA 1967)…but falling short of execution of the ultimate design. Bouvier’s Law Dict. (3d Rev.) vol. 1, title ‘Attempt’; 8 R.C.L. 276; 1 Wharton’s Crim. Law (11th Ed.) § 212; McClain’s Crim. Law, § 222 ; 3 Am. & Eng. Enc. of Law (2d Ed.) 250; Morton v. State, 72 Fla. 265, 73 So. 187; Hogan v. State, 50 Fla. 86, 39 So. 464, 7 Ann.Cas. 139; Graham v. People, 181 Ill. 477, 55 N.E. 179,47 L.R.A. 731.” In applying the above principles where the crime remains unfinished and the defendant is charged with the attempt, two…
-
Pottinger v. State, 122 Fla. 405 (Fla. 1936)…gment of the lower court upon a charge of breaking and entering with intent to commit a felony. The evidence was not considered by the Court because not properly presented in a properly authenticated bill of exceptions. The case of Morton v. State, 72 Fla. 265, 73 South. Rep. 187, affirmed the judgment of the lower court upon the charge of an attempt to have carnal intercourse with an unmarried female of previous chaste character under the age of eighteen years. The question was upon the sufficiency of th…1 / 2
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hogan v. State, 50 Fla. 86 (Fla. 1905)
- Viney Stevens v. State, 18 Fla. 903 (Fla. 1882)