ATTEMPT

In criminal law. An effort or endeavor to accomplish a crim~, amounting to more than mere preparation or planning for it, and which, if not prevented, would have resulted in the full.consummation o:C the act· attempte~. but which, in fact, _does not bring to pa the party's ultimate design. People v. Moran, 123 N. Y. 254, 25 N. E. 412, 10 L, R..A. 109, 20.Am. St. Rep. 732; Gandy v. State, 13 Neb. 445, 14 N. W. 143; Scott v. People, 141 Ill. 195, 30 N. El 329; Brown v. State, 27 Tex..App. 330, 11 S. W. 412; U. S. v. Ford (iD. C.) 34 Fed. 26; Com. v. Eagan, 190 Pa. 10, 42.Atl. 374..An intent to do a particular crirr'tinal thing combined with ·an act which falll/! short of the thing intended. 1.Bish. Crim. Law, I 728. There is a marked distinction between "attempt" and "intent." The former conveys the ' idea of physic a.l effort to accomplish Rill act; the latter, the q_uality of mind with which an act was done. To charge, in an indictment, an a ault with an attempt to murder: is not equivalent to charging an a ault with inten.t to murder. State v. Marshall, 14.Ala. 4l1. [s. 108]