Me. Rev. Stat. » Title 17
Maine Revised Statutes

Me. Rev. Stat. tit. 17, § 251 (2026)

Attempt with overt act; penalty

✓ laws through the 2025 session (checked Sept. 2026)
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(REPEALED)
SECTION HISTORY
PL 1975, c. 499, §5 (RP).
Notes of Decisions
Cited in 10 cases, 1969–1978 · leading case: State v. O'farrell, 355 A.2d 396 (Me. 1976).
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State v. O'farrell, 355 A.2d 396 (Me. 1976). · cites it 2× “MacNamara, the concept of “attempt” in Section 164 is different from that of the common law as embodied in our general “attempt” statute, 17 M.R.S.A. § 251. Further, here, similarly to the situation in State v.”
State v. Boyer, 392 A.2d 41 (Me. 1978). “Indeed, the case at bar is virtually on point with York , where evidence indicating that defendants had damaged the rear door of a restaurant late at night was held sufficient to sustain convictions of attempted breaking and entering with intent to commit larceny, 1 17 M.R.S.A.…”
Logan v. State, 263 A.2d 266 (Me. 1970). · cites it 2× “] Petitioner was not being prosecuted under the general statute, 17 M.R.S.A. § 251, which provides “[wjhoever attempts to commit an offense and does anything towards it, but fails or is interrupted or is prevented in its execution, where no punishment is expressly provided for…”
Lumsden v. State, 267 A.2d 649 (Me. 1970). · cites it 2× “He claims that a valid indictment charging the crime of attempt (17 M.R.S.A. § 251) to break and enter any office, etc.”
State v. York, 324 A.2d 758 (Me. 1974). “17 M.R.S.A. § 251. “Whoever attempts to commit an offense and does anything towards it, but fails or is interrupted or is prevented in its execution, where no punishment is expressly provided for such attempt, shall .”
State v. Miller, 252 A.2d 321 (Me. 1969). “” (Emphasis added) 17 M.R.S.A. Section 251 creates the general offense of statutory attempts, reading, in part: “Whoever attempts to commit an offense and does anything towards it, but fails or is interrupted or is prevented in its execution * * The indictment charges the…”
State v. White, 387 A.2d 230 (Me. 1978). “§ 2103) and attempted breaking, entering and larceny in the nighttime at another building (17 M.R.S.A. § 251). Defendant filed a pre-trial motion to suppress as potential evidence against him a tire iron which the State Police had found in defendant’s automobile and seized.”
State v. Gaddis, 322 A.2d 96 (Me. 1974). · cites it 2× “violated 17 M.R.S.A. § 251 1 in “at *97 tempting to break and enter” Bernie’s Market, a small variety store situated in the City of Portland on the southeasterly corner of the intersection of Ocean Avenue and Codman Street.”
State v. MacNamara, 345 A.2d 509 (Me. 1975). “Neither do we believe there would be merit in the argument that the agreed facts would support a conviction under the provisions of 17 M.R.S.A. § 251, namely: “Whoever attempts to commit an offense and does anything towards it, but fails or is interrupted or is prevented in its…”
State v. Walsh, 332 A.2d 770 (Me. 1975). “17 M.R.S.A. § 251. Defendant has appealed.”
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