What is ATTEMPT? Definition of ATTEMPT in Black's Law Dictionary
In Civil Matters
In statutes and in cases other than criminal prosecutions an "attempt" ordinarily means an intent combined with an act falling short of the thing intended. In re Bergland's Estate, 180 Cal. 629, 182 P. 277, 283, 5 A.L.R. 1363. It may be described as an endeavor to do an act, carried beyond mere preparation, but short of execution. Columbian Ins. Co. of Indiana v. Modern Laundry, C.C.A.Minn., 277 F. 355, 358, 20 A.L.R. 1159.
In Criminal Law
An effort or endeavor to accomplish a crime, amounting to more than mere preparation or planning for it, which, if not prevented, would have resulted in the full consummation of the act attempted, but which, in fact, does not bring to pass the party's ultimate design. Dooley v. State, 27 Ala.App. 261, 170 So. 96, 98.
Acts amounting to mere preparation for commission of crime, if unaccompanied by some overt act toward actual
commission, do not amount to an "attempt" and cannot be punished as such. People v. Lombard, 131 Cal.App. 525, 21 P.2d 955. Implies an intent and an actual effort to carry out or consummate the intent or purpose. Dooley v. State, 27 Ala.App. 261, 170 So. 96, 97, 98.
To constitute an act of attempt, the act must possess four characteristics : First, it must be a step toward a punishable offense ; second, it must be apparently (but not necessarily in reality) adapted to the purpose intended; third, it must come dangerously near to success; fourth, it must not succeed. State v. Ainsworth, 146 Kan. 665, 72 P.2d 962.
More On This Topic: ATTORNEY - Black's Law Dictionary
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