SEC. 97-1-7. Attempt to commit offense; punishment.
Every person who shall design and endeavor to commit an offense, and shall do any overt act toward the commission thereof, but shall fail therein, or shall be prevented from committing the same, on conviction thereof, shall, where no provision is made by law for the punishment of such offense, be punished as follows: If the offense attempted to be committed be capital, such offense shall be punished by imprisonment in the penitentiary not exceeding ten years; if the offense attempted be punishable by imprisonment in the penitentiary, or by fine and imprisonment in the county jail, then the attempt to commit such offense shall be punished for a period or for an amount not greater than is prescribed for the actual commission of the offense so attempted.
SOURCES: Codes, Hutchinson's 1848, ch. 64, art. 12, Title 8 (3); 1857, ch. 64, art. 20; 1871, Sec. 2809; 1880, Sec. 2713; 1892, Sec. 973; 1906, Sec. 1049; Hemingway's 1917, Sec. 777; 1930, Sec. 793; 1942, Sec. 2017.