CRM/LAW C144 Chapter Notes - Chapter Commonwealth v Peaslee: Misdemeanor
19 Jun 2017
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Underlying facts, the actual crime that took place. Defense is that the overt acts alleged and proved do not amount to an offence: attempt to burn building with intent to injure. This was refused: later the defendant and the young man drove toward the building but defendant changed his mind and drove away. This is as near as he ever came to accomplishing what he had in contemplation. Indictment for an attempt to burn a building and certain goods therein, with intent to injure the insurers of the same. An overt act although coupled with an intent to commit the crime commonly is not punishable if further acts are contemplated as needful. But some preparations may amount to an attempt. The servant of a contractor delivered short rations of meat by the help of a false weight which he had substituted for the true one, intending to steal the meat left over.
