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The Penal Code of the State of Minnesota, to Take Effect January 1, A. D. 1886, With Notes of Decisions
The Penal Code of the State of Minnesota to Take Effect January 1 A D 1886 With Notes of Decisions Author:Minnesota General Books publication date: 2009 Original publication date: 1885 Original Publisher: The Pioneer press company Subjects: Criminal law Law / General Law / Criminal Law / General Law / Criminal Procedure Notes: This is a black and white OCR reprint of the original. It has no illustrations and there may be typos or missing text. W... more »hen you buy the General Books edition of this book you get free trial access to Million-Books.com where you can select from more than a million books for free. Excerpt: TITLE III. DEGREES IN THE COMMISSION OF CRIMES AND ATTEMPTS TO COMMIT CRIMES. Sec. 31. What is an attempt to commit a crime 32. Prisoner indicted may be convicted of lesser crime, or attempt. 33. Acquittal or conviction bars indictment for another degree, or attempt. Sec. 31. Attempt to commit crime defined. -- An act, done with intent to commit a crime, and tending but failing to effect its commission, is an attempt to commit that crime. See g 514, post. Peo. v. I. iiw dm. 56 Barb., 126. Solicitations are not an attempt. Stable v. Com. (Pa.), 22 Alb. L. J., 458; Contra; Peo. v. Bush., 4 Hill, 134. Sec. 32. Prisoner indicted may be convicted of lesser crime, or attempt. -- Upon the trial of an indictment, the prisoner may be convicted of the crime charged therein, or of a lesser degree of the same crime, or of an attempt to commit the crime so charged, or of an attempt to commit a lesser degree of the same crime. Peo. v. Jackson, 3 Hill, 92; Peo. v. Snnndws, 4 Park., 196; Keefe v. Peo., 40 N. Y., 348; Dedieu v. Peo., 22 N. Y., 178; Peo. v. Lyon, 1 N. Y. Cr., 400. In case of reasonable doubt can convict of lowest degree only. State v. Laliyer, 4 Minn., 368 (277). Upon an indictment for rape, may convict of an assault with intent to commit rape. O'Connell v. State, 6 Minn., 279 (190). Conviction of simple larceny, upon indictment of, from the person. State v. Eno, 8 Minn., 220 (190); State v. Boylson, 3 Minn., 438 (325); State v. Coon, 18 Minn., 518 (464)...« less