{
  "id": 8661823,
  "name": "STATE v. HEFNER",
  "name_abbreviation": "State v. Hefner",
  "decision_date": "1901-11-26",
  "docket_number": "",
  "first_page": "548",
  "last_page": "549",
  "citations": [
    {
      "type": "official",
      "cite": "129 N.C. 548"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "128 N. C., 581",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8661479
      ],
      "pin_cites": [
        {
          "page": "582"
        }
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/128/0581-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 204,
    "char_count": 2531,
    "ocr_confidence": 0.442,
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    "sha256": "aa119bf5450da895a3b5a594765b84c40f2865e0535358484a9b81be3daf2970",
    "simhash": "1:28f39686821930f5",
    "word_count": 432
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  "last_updated": "2023-07-14T17:00:26.986874+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "STATE v. HEFNER."
    ],
    "opinions": [
      {
        "text": "Cook, I.\nHis Honor did not err in sustaining the motion in arrest. When an attempt is charged, it is necessary that some act constituting such attempt should b*e laid, as the attempt is not per se indictable, and needs extraneous facts to make it the subject of an indictment. Whatrton\u2019s Cr. Pl. and Pr. (9th Ed.), sec. 159. In State v. Colvin, 90 N. C., Ill (indictment for attempt.to commit burglary), the Court says: \u201cErom an investigation of the authorities upon the subject, our conclusion is that to warrant the conviction of a defendant for such an offense, it is essential that the defendant should have done some act intended, adapted, approximating and in the ordinary and likely course of things would result in the commission of a particular crime, and this must be averred in the indictment and proved.\u201d In State v. Brown, 95 N. C., on page 688, the Court cites with approval 2 Wharton Or. Law, see. 2103:- \u201cAttempt is a term peculiarly indefinite,\u201d and adds, \u201cand consequently the facts which develop the attempt should be set out so as to show that the attempt is itself criminal.\u201d In State v. Crews, 128 N. C., 581, 582, the Court, in citing with approval State v. Colvin, supra, says: \u201cThis is not an attempt to commit another crime, in which case the overt act must be charged.\u201d\nThe principle being well established, we deem it unnecessary to encumber our records with a further discussion of the subject in this case. There is\nNo Error.",
        "type": "majority",
        "author": "Cook, I."
      }
    ],
    "attorneys": [
      "Brotun Shepherd, for the Attorney-General, for the State.",
      "Self & yVhitener, for the defendant."
    ],
    "corrections": "",
    "head_matter": "STATE v. HEFNER.\n(Filed November 26, 1901.)\nATTEMPTS TO COMMIT CRIME \u2014 Indictment\u2014Overt Aei \u2014 Buggery \u2014Trial.\nIn an indictment for an attempt to commit a crime, here buggery, some overt act must be alleged.\nINDICTMENT against Arthur Hefner, heard by Judge W. B. Council and a jury, at October Term, 1901, of the Superior Court of Catawba County.\nIndictment for\u2019 buggery, tried before Council, J. \u201cThe jurors, etc., present that Arthur Hefner, etc., with force and arms, at and in the county aforesaid, did unlawfully, wilfully and feloniously, abominably and detestably attempt to commit the crime against nature with a beast, to-wit, a cow, against the form of the statute,\u201d etc. Verdict of guilty. Defendant moved in arrest of judgment for that the indictment failed to charge any overt act constituting the alleged attempt, and that in an indictment for an attempt to commit a felony, some overt act must be charged. Motion sustained, and the Solicitor for the State appealed.\nBrotun Shepherd, for the Attorney-General, for the State.\nSelf & yVhitener, for the defendant."
  },
  "file_name": "0548-01",
  "first_page_order": 582,
  "last_page_order": 583
}