111 So. 300 | Miss. | 1927
In an indictment for an attempt to commit an offense it is essential that some overt act which is intrinsically adapted to effectuate the purpose should be alleged, but where the act alleged is manifestly adapted to effectuate the purpose it is unnecessary to charge that it is so adapted. The assembling of wood and fuel at a distillery for the purpose of using and burning the same in the manufacture of liquor in such distillery is an act so manifestly adapted to effectuate the purpose that it is not necessary to charge in an indictment for attempting to manufacture liquors that such act is so adapted. The demurrer should have been overruled.
Reversed and remanded. *824