People v. Murray

15 Cal. 160 (1859)

Facts

Murray (D) was convicted for attempting to contract an incestuous marriage. D had eloped, then sent one of the witnesses to find a magistrate to perform the ceremony. D appealed his conviction. He claimed that while he had performed those actions while preparing to marry his niece, those actions did not make it an actual attempt. He claimed that he did not cross the line into attempt.