The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1889-02-19
CONVICTED COTTON THIEF
D. r. HALL SENTENCED TO TWO
YEARS IN THE PENITENTIARY.
A Learned and Exhaustive Charge by
Judge DuBose-When an Attempt to
Commit Felony Is Punishable Under
the Law.

ginhouse of cotton and sentenced TO two
years Imprisonment in the penitentiary.
Judge Dul3osc in charging the jury deliv-
cred the following very able and exhaust
i've analysis OF the law governing the case:
Gentlemen of the Jury;
The defendant Hall is charged with the
crime of an attempt TO commit larceny.
The section Of the Code on which this
onense is founded provides that "If any
person assault another with intent TO com
init or otherwise attempt to commit any
felony or crime punishable by imprison-
ment in the pcnlentiary, where the pun
ishment is not otherwise prescribed, he
shall on conviction be punished by inn
prlsonment in the penitentiary, etc. The
indictment does not charge that the
defendant assaulted another with intent 10
commit q felony, but that he aid other
wise, in the language OF the statute,
attempt TO commit q felony or crime pun
ishable by Imprisonment in the pcniten.
tiary," towit, larceny. 1t is, therefore,
necessary, before proceeding further 10
inquire into the definition OF larceny and
what are the constituent elements that go
10 constitute the crime Larceny rs
defined by our code sis the felonious taxi
ing and carrying away the personal goods
OF another" and is subdividod into grand
and petit larceny, which divisions need
not be further noticed. 10 constitute
larceny it is necessary that the goods or
properly should be taken icloniously
without the owners consent II should
be remembered, however, that every taxi
ing OF property OF another without his
knowledge or consent does not amount
20 larceny. To make IL such il
must be accompanied by circumstances
which demonstrate u fraudulent or lcloni-
Gus intention TO deprive the posscs3or per-
manently OF the thing taken. This fraud.
ulent or felonious intent land the terms
are used often convertibly) II AN intent
without an honest claim Of right and with
the expectation Of benefit To sell to take
permanently from another goods which
are his property This intent must be
concurrent with the taking. which must
DE without the owners consent, the in
tent being necessary 10 complete the Of
Tense II a man, under the honest impress. |
sion that he has right 10 the property,
take IL into his possession, II TX not larceny |
II there be a colorado title. Again, the
taking Of goods not with the intention OF
depnving the owner OF his property in
them, but with the object OF temporarily
using them aud then returning them, is
not larceny. With these general princi- |
pies of Law fixed In your mi.dS yDu Nill |
proceed To inquire whether the defendant
be guilty ~ not guilty Of an attempt 10
commit the otlrnse described aud ~
charged in the indictment An attempt is
nm intended, apparent, unfinished crime.
IL must be intended, since it is Of its ma.
turc that il should he committed in order
20 effect a specific criminal result II must
be apparent, that is, the means must be-
apparently adapted to the end and would
result, ia the usual aud natural course Of
events II not hindrrcd by eNimneous
causes, Ia the commission Of the crime
itself. II the attempt be voluntarily
and freely abandoned before the act
y put Ia process Of final execution, there
being no outside causes prompting such |
abandonment; then in that event the do. |
PENDANT would not be- guilty OF the attempt |
charged. But Il is otherwise when tho |
process Of execution Is Ia such condition |
that 10 proceeds in It's natural course with
out tie attcmptors agency, until II either
succccds or niscarries, for IN such case
NO abandonment of the attempt or with.
drawal thcwirom can screen the guilty
party from the results OF his act 10 n
lusirate, suppose that burglar finds the
window he expected To enter has been
blocked up during the night, or suppose
that the pckpOckei, just or lac u inscfling
his hanl IN the pocket Of his intended vic
tim, Ia arrested 10y police officer or sup |
Pose further. that the defendant, after |
making the necessary preparations, that |
h, by providing himself with sack, in |
tending 10 use the same In carving of the
cotton or cotton-secd Of the prosecutor.
and going to and into the gnhouse OF the
prosecutor, where at the time such prop-
crty was OF supposed 10 be- kept, aud ON |
hearing the guard approach the door OF |
the ginhouso from the outside, he en-
dcayorcd TO make his escape in order 10 |
prevent detection and arrest. You could |
not doubt In each of thcsc cases the con. |
summation Of the olfcnse Wus hndcrcd by |
causes outside of the will Of the offender. |
and be WIS thereby prevented from effect. |
ing the purpose intended. n. however.
the defendant. ~ h or NAV boz shown |
from pwoi. abandoned his attempt yolun. |
tanly before lac put Il IN process Of final /
execution, then Ia that event you should /
ncquit him OF the oncnsc charlrI that |
D II the defendant had provided |
himself with sack on the /
night this crime Is charged 60 have been |
com tilted intending NJ the time 20 use Il |
tcloniou-ly la carrying away the cotton |
W ANiANh hffh ~ ANt lilNHfAhANi llhNl IT'S |
Riuhousc, and altcrWad thinking bcitcr |
OF the matter lac voluntarily abandoned |
further proceedings In the execution of |
tho crime, then in that event the policy of |
The law would encourage him in aursiins |
his evil plan and before any evil consn.
qucncCs could Cnsue thcpifom, aud hb !
net 10 this extent would b. cNcusablr.
The mere preliminary preparations Is not
sufficient TO constitute thc crime nnd b
not iho overt act required by law 10 com.
rlric the oilcnHc, but the uiipmpt 10 steal
must 10 accompanied by such M overt
net toWnh IT, commission that tho crime
would have been pcrpcimtcd had d nc:
been hindcrcd by causes outside of Ga.
offender Tho question then 10 boz cou-
hidcrCd In this connection iA, dil the
defendant make preliminary preparations f.
90 steal the cotton or cotton seed Ut tic
prosecutor by providing himself with O.
tack 10 carry away the property therein.
nnd after doing 90 was this accompanied
by the overt act Of going 10 the rinhou.e
Whcre thc cotton aud seed were Kent auI .
Wouldhc have committed the unrusr ui
larceny bad hc not been hndcrcd by tl,
guard or waichman Whose business 10 v.. /.
10 look 10 the safety Of this properly. ur
did Doc voluntarily abandon bis design O.
steal The properly before be- putl
into hnal execution his purpose o't
thus dcpryIng the owner oi h.l
goodi IL b. necessary brlors sou clt /.
convict ihe defendant OF the crime rhhfri.t. :
IL.