It is a general principle of criminal jurisprudence that “incomplete crimes,” as they are called, such as attempt, and conspiracy to commit a crime, should not be punished as severely as the full, completed crime. It was on this principle that at common law an attempt to commit even the gravest felony, such as murder, was only a misdemeanor. Other codes maintain this principle. * * * The Pennsylvania code has no general section on attempts, but in a haphazard manner, in providing for some crimes, provides for the attempt to commit the same, and in some cases has no provision for such attempts. A study of those cases in which provision for punishing the attempt is made, shows an entire absence of any theory or principle in assessing the punishment. Thus the penalty for the attempt to commit arson is the same as for the crime of arson itself; for the attempt to commit robbery, the same as for the completed robbery; but the attempt to commit murder is not punished with the same penalty as murder, viz.: death, or twenty years’ imprisonment, but by seven years’ imprisonment only. Instances of Lack of Co-ordination in Drafting. Two strikers separately determine to wreck a passenger train: one removes a rail from the road over which a train is scheduled to pass; another cuts the telegraph wire to prevent the train dispatcher from stopping the train from running into a wreck. The first striker would come within the terms of Section 7 of the Act of 1911 and could be sentenced to pay a fine of $10,000 and suffer imprisonment for ten years; the second man would come within the terms of Section 147 of the Act of 1860 and could not be fined more than $500 or imprisoned more than twelve months. * * * If the executor made way with a horse belonging to the estate, his maximum imprisonment would be still two years; but if the butler made way with another horse he might receive ten years as a penalty. If a mule would serve the butler’s purpose as well as a horse he had better take the mule, for then he could not be sentenced for more than three years; if the mule were not swift enough, however, he might choose an automobile, for the maximum imprisonment for stealing an automobile is the same as that for larceny of the mule, being less than one-third of that for larceny of a horse.