Page:United States Statutes at Large Volume 76A.djvu/521

–425– -425person guilty of the attempt shall be imprisoned in the penitentiary not more than 20 years; (2) if the offense so attempted is punishable by imprisonment in the penitentiary for five years, or more, or by imprisonment in jail, the person guilty of the attempt shall, except as provided in paragraph (1) of this section, be imprisoned in the penitentiary, or in jail, as the case may be, for a term not exceeding onehalf the longest term of imprisonment prescribed upon a conviction of the offense so committed; (3) if the offense so attempted is punishable by imprisonment for any term less than five years, the person guilty of the attempt is punishable by imprisonment in jail for not more than one year; (4) if the offense so attempted is punishable by a fine, the offender convicted of the attempt is punishable by a fine of not more than one-half the largest fine which may be imposed upon a conviction of the offense so attempted; (5) if the offense so attempted is punishable by imprisonment and by a fine, the offender convicted of the attempt may be punished by both imprisonment and fine, not exceeding one-half the longest term of imprisonment and one-half the largest fine which may be imposed upon a conviction for the offense so attempted. (b) Attempts included in sections 335-339 of this title, are not included in subsection (a) of this section. § 372. Prosecution for attempt although offense completed A person may be tried and convicted of an attempt to commit an offense, although it appears at the trial that the offense was actually committed as intended or attempted, unless the court in its discretion dismisses the charges and directs the person to be tried for the offense itself. § 373. Commission of offense in unsuccessful attempt to commit another Notwithstanding sections 371 and 372 of this title, whoever, attempting unsuccessfully to commit an offense, accomplishes the commission of another and different offense, whether greater or lesser in guilt, shall be punished as prescribed by law for the offense committed. CHAPTER 17—ATTORNEYS Bee. 401. Misconduct of attorneys generally.

402. Buying claim. 403. Practice of law by unauthorized person.

§ 401. Misconduct of attorneys generally Whoever, being an attorney or counselor, and while acting either as attorney or as counselor— (1) is guilty of a deceit or collusion, or consents to a deceit or collusion, with intent to deceive the court or any party; (2) willfully delays his client's suit with a view to his own gain; or (3) willfully receives any money or allowance for or on account of money which he has not laid out or become answerable for— shall be fined not more than $6,000 or imprisoned in the penitentiary not more than five years, or both. § 402. Buying claim Whoever, being an attorney, either directly or indirectly buys or is interested in buying any evidence of debt or thing in action, with intent to bring suit thereon, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.

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