ATTEMPT TO COMMIT AN IMPOSSIBILITY.

STATE v. WILSON.

[30 Conn. 500.]

In the crowd which attended the funeral of General Lyon, at Hartford, Connecticut, in September, 1861, were a couple of pickpockets. One of them attempted to "work" an old lady who was watching the procession, and had his hand in her pocket when he was seized and taken to the lock-up. It turned out that the old lady's pocket was like Mother Hubbard's cupboard-and that the pickpocket was doing an impossible thing in trying to rob a woman who had nothing to rob.

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But the court said that this made no difference. is claimed," said Butler, J., " that there must be present ability to perpetrate the offense; that if in this case the pocket was empty, there could be no such ability. There must undoubtedly be present ability to perpetrate the offense. The person must be of legal age, compos mentis, and in a situation to effect

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the purpose, directly or by the agency of others. But it is not true that the thing intended to be taken must be where the attempting thief supposes it to be, or that there must be, in fact, property where he supposes there is. It is sufficient if he supposes there is property in the pocket, trunk, or other receptacle, and attempts by some act, adapted to the purpose, to obtain it feloniously."

To attempt is to make an effort to effect some object; to make a trial or experiment; to endeavor to use exertion for some purpose. A man may make an attempt, an effort, a trial to steal by breaking open a trunk and be disappointed in not finding the object of his pursuit, and so not steal in fact. So a man may make an attempt, an experiment, to pick a pocket by thrusting his hand into it, and not succeed because there happens to be nothing in the pocket. Still in both cases he has clearly made the attempt and done the act towards the commission of the offense. Com. v. McDonald, 5 Cush. 365. In Massachusetts, in the year 1863, it was against the law for a person without authority from the President or Governor to solicit a person to leave the State to enter military service. One Justin Jacobs tried to persuade Benjamin Darling to do this, and was indicted. It turned out that Darling was no man for a warrior; his physical condition was such that (Falstaff being dead some years) no recruiting officer would have mustered him in. Mr. Justice Gray, in deciding that this constituted no defense, laid down the law very clearly as follows: "Whenever the law makes one step towards the accomplishment of an unlawful object, with the intent or purpose of accomplishing it, criminal, a person taking that step with that intent or purpose, and himself capable of doing every act on his part to accomplish that object, cannot protect himself from responsibility by showing that by reason of some fact unknown to him at the time of his criminal attempt, it could not be fully carried into effect in the particular instance. Upon this principle, on an indictment under a statute against passing or disposing of forged bank-notes with intent to defraud, it has been held no defense that those to whom the notes were passed knew them to be forged, and therefore could not be defrauded. Rex v. Holden, R. & Ro. 154; Com. v. Starr, 4 Allen, 301. So a statute

making it felony to administer poison, or use any instrument with intent to procure the miscarriage of any woman, extends to a case in which the woman was not pregnant. Reg. v. Goodchild, 2 C. & K. 293." Com. v. Jacobs, 9 Allen. 275.

PRINCIPALS AND ACCESSORIES.

BREESE v. STATE.

[12 Ohio St. 146.]

Being quite "broke," Breese, and a couple of his pals, made up their minds to rob a store. But, finding out that the owner of the store slept there every night, they were forced to change their scheme. Fortune favored them, however. About this time a Mr. McGhee gave a party, and it was agreed between the three that Breese should induce the storekeeper to go to the party, and while he was there the pals would go through the store. The plan succeeded. The storekeeper yielded to the arguments of Breese, and went with him to the party. But while the revelry went on the two pals were busy, and when the storekeeper returned, his stock was much lighter than when he went away. The police were sent for, and finding Breese the possessor of more silk handkerchiefs and jewelry than gentlemen usually carry, they arrested him, and the whole scheme speedily leaked out.

Breeze was indicted for the burglary and convicted, it being held that he was a principal in the second degree. "Any participation in a general felonious plan," said the court, "provided such participation be concerted, and there be a constructive presence, is enough to make a man principal in the second degree.

The defendant was by the agreement not only to procure the storekeeper to go to the party, to give his confederates greater security from detection in the act of breaking into the store, but to keep him there while his confederates were engaged in breaking said store, and in concealing the fruits of said crime in pursuance of said previous confederacy."

Those who participate in the commission of crimes are either principals or accessories. Principals are either of the first or the second degree; accessories are either before or after the fact.

A person may

(a.) Commit the crime with his own hand; or,

(b.) Suggest a crime to another, and persuade him to commit it.

The crime so suggested

(c.) May be committed, or,

(d.) May not be committed.

When it is committed, it may be done

(e.) By a single person, alone at the time; or,

(f.) By one or more, in the presence of others, helping or counseling its perpetration.

After it has been committed the criminal may be

(g.) Assisted to escape, or helped to use the proceeds of his crime.

To make these cases clearer, we will gave an illustration of each

case:

(a.) A. meets a man and kills him or robs him, or goes to a house and steals therefrom.

(b.) B. persuades or hires a ruffian to kill an enemy.

(c.) C. instigates a ruffian to rob a neighbor. The ruffian robs the neighbor.

(d.) D. advises a person to murder his wife. fuses to do so.

The person re