Last week the rumblings began to emerge that there is no crime of “attempted murder” in the state of Mississippi. This was apparently prompted by this story which ran in a TV news spot and was discussed on radio programs as well.

“Attempt” offenses are a common law category and therefore, the state would either have to refuse to recognize the crime on the judicial level, or eliminate it at the legislative level. In Mississippi, neither of these appear to be the case.

The Mississippi Code specifically provides for “attempt” crimes.

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.

Miss. Code Ann. § 97-1-7. Further, a cursory search of the recent state cases turns up numerous cases of attempted murder convictions. Even more apparent is that there is ample evidence in the news. Someone should tell Flora Shearill that there is no attempted murder in Mississippi.

So I don’t know what those police offers were talking about when they told Mr. Register that there is no charge of “attempted murder.” HB 644 makes sense when one considers that the legislature might want to exercise more control over the elements and/or sentences for attempted murder. But clearly, a person can be charged with attempted murder in the state of Mississippi.