ATTEMPT (

See also:

• LAT

Lat. adtemptare, attentare, to try)  , in law, an act done with intent to commit a crime, and forming one of a series of acts which would constitute its actual commission if it were not interrupted . An attempt must proceed beyond mere preparation, but at the same time it must fall short of the ultimate purpose in any part of it . The actual point, however, at which an act ceases to be an attempt, and becomes criminal, depends upon the circumstances of each particular case . A person may be guilty of an attempt to commit a crime, even if its commission in the manner proposed was impossible . Every attempt to commit a treason, felony or indictable misdemeanour is in itself an indictable misdemeanour, punishable by fine or imprisonment, unless the attempt to commit is specifically punishable by statute as a felony, or in a defined manner as a mis demeanour; and a person who has been indicted for a felony or Misdemeanour may, if the evidence so warrants, be found guilty only of the attempt, provided that it too is a misdemeanour .