99 Mass. 431 | Mass. | 1868
The defendant, waiving all objections to the form of the indictment, relies now only upon alleged errors in the rulings and instructions of the court upon the evidence.
The case shows an attempt manifested by an act, which was tne beginning of a larceny, the completion of which was interrupted by an intervening circumstance not within the control of the prisoner. To justify a conviction, it was necessary to show that she failed in the perpetration, or was prevented in the execution of the offence of stealing from the person, — an offence which could only be complete when the property sought to be taken was in the full custody and control of the defendant. It
There was no error in the instructions given, or in refusing those asked. Exceptions overruled.