Court of Appeals of Georgia July 31, 1909, 1674 (Moss v. State)

"Russell, J.

The court erred in overruling the demurrer to the indictment. “Mere preparatory acts for the commission of a crime, and not proximately leading to its consummation, do not constitute an attempt to commit the crime.”' The present case is controlled hy the ruling of the Su*525preme Court in Groves v. State, 116 Ga. 516 (42 S. E. 755, 59 L. R. A. 598). Judgment reversed.