Section 16-4-4. Impossibility as a defense  


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  •    It is no defense to a charge of criminal attempt that the crime the accused is charged with attempting was, under the attendant circumstances, factually or legally impossible of commission if such crime could have been committed had the attendant circumstances been as the accused believed them to be.
Code 1933, § 26-1002, enacted by Ga. L. 1968, p. 1249, § 1.