GERVIN v. STATE


371 S.W.2d 449 (1963)

Robert George GERVIN v. STATE of Tennessee.

Supreme Court of Tennessee.

October 11, 1963.


Attorney(s) appearing for the Case

Hal H. Clements, Jr., Knoxville, for plaintiff in error.

George F. McCanless, Atty. Gen., Thomas E. Fox, Asst. Atty. Gen., Nashville, for the State.


DYER, Judge.

This appeal in error is from a verdict and judgment convicting Gervin, the appellant here and defendant below, of an attempt to commit murder in violation of Section 39-603, T.C.A. This section is our general attempt statute which provides for attempts to commit felonies, either by assault or otherwise.

The question to be decided is whether or not an indictment which alleges criminal solicitation is sufficient in law to aver an attempt to commit...

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