Ray v. State
Supreme Court of Alabama
Appeal from Mobile City Court. Heard, before the Hon Ó. J. Semmes. The defendant was indicted, tried, and convicted for assaulting one Blalock, with a pistol with the- intent to murder him. The evidence tended to show that Clarence Blalock was shot by defendant about November 1, 1904; that there were three pistol wounds, one near the knee, one in the shoulder, and one near the spine, in the hack, opposite the tenth back bone.
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Appeal from Mobile City Court. Heard, before the Hon Ó. J. Semmes. The defendant was indicted, tried, and convicted for assaulting one Blalock, with a pistol with the- intent to murder him. The evidence tended to show that Clarence Blalock was shot by defendant about November 1, 1904; that there were three pistol wounds, one near the knee, one in the shoulder, and one near the spine, in the hack, opposite the tenth back bone. A conversation was introduced by the State between witness Blalock and a young lady at the depot in the waiting room named Clay-well, when an officer interfered and said…
1Opinion of the CourtAnderson, J.
The defendant was indicted and tried under section 4346 of the Code of 1896, which provides: “Any person who com-' mits an assault upon another, with intent to murder,” etc. And in order to convict the defendant it is incumbent upon the state to prove that the assault was committed with the intent to murder ; but/ like malicious intent in murder, it may be inferred by the jury from the character of the assault, the use of a deadly weapon, and the other attendant circumstances. — Wails v. State, 90 Ala. 618, 8 South. 680 (where the case of Smith v. State, 88 Ala. 23, 7 South. 103, is explained…
2Cases cited10 opinions
- Ogletree v. StateSupreme Court of Alabama · 1856
- Simpson v. StateSupreme Court of Alabama · 1877
- Hadley v. StateSupreme Court of Alabama · 1876
- Brown v. StateSupreme Court of Alabama · 1904
- Sylvester v. StateSupreme Court of Alabama · 1882
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Douglas v. StateAlabama Court of Appeals · 1963
- Sparks v. StateSupreme Court of Alabama · 1953
- Montgomery v. StateAlabama Court of Appeals · 1911
- Helton v. StateCourt of Criminal Appeals of Alabama · 1979
- Gary v. StateAlabama Court of Appeals · 1922
8 more not listed; retrieve them via the Exa API.