Committee Comments

The statutes form the basis for charging an attempted crime only where no statute specifically designates an attempt to commit a particular crime as unlawful. When a specific attempt statute exists, the general attempt statutes cannot form the basis for the charge. For example, 21 O.S. Supp. 1995, § 652(C), defines the offense of attempting to kill another. In Ex parte Smith, 95 Okl. Cr. 370, 246 P.2d 389 (1952), the Court of Criminal Appeals declared that the crime of attempted murder by shooting was covered by the specific statute, section 652, so that a prosecution under the general attempt provision, section 42, was erroneously brought. See also Minter v. State, 75 Okl. Cr. 133, 129 P.2d 210 (1942) (attempt to kill by poisoning was covered by 21 O.S. 1941 § 832).