19 Tex. 174 | Tex. | 1857
To “ attempt," is to make an effort to effect some object; to try, to endeavor, to use exertion for some purpose. (Webster’s Dic.) An attempt necessarily implies an exertion or effort. There is no evidence of any such exertion, effort, or attempt to steal or entice away the slave from his owner in this case. The evidence affords strong circumstances of suspicion. But that is not sufficient to convict of crime.
Reversed and remanded.