Any person who shall attempt to commit an offense prohibited by law and in such attempt shall do an act toward the commission of the offense but shall fail in the perpetration or shall be intercepted or prevented in the execution of the same shall, upon conviction thereof, be punished by imprisonment in the county jail for not more than 45 days or by a fine of not more than $250 or by both fine and imprisonment in the discretion of the court.
(Prior Code, § VII-2.05) Penalty, see § 131.99