THE COURT
(MOB SELL, Circuit Judge, not very clear, and THRUSTON, Circuit Judge, doubting, CRANCH, Chief Judge, not doubting)
was of opinion that it is an indictable offence, and overruled the motion in arrest.
See Chit. Gen Prac. Append. ii„ that an attempt to commit a m’Sdemeanor created by statute, is itself a misdemeanor. Rex v. Butler, 6 Car. & P. 368.