McWilliams v. State
Alabama Court of Appeals
Assault With Intent to Murder.. Appeal from Jefferson Criminal Court. . Heard before Hon. William E. Foet. Tom McWilliams was convicted of assault with intent to murder, and he appeals. •The indictment -charged that defendant unlawfully and with malice aforethought killed'Bobert C. De Wees by shooting him with a pistol.
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Assault With Intent to Murder.. Appeal from Jefferson Criminal Court. . Heard before Hon. William E. Foet. Tom McWilliams was convicted of assault with intent to murder, and he appeals. •The indictment -charged that defendant unlawfully and with malice aforethought killed'Bobert C. De Wees by shooting him with a pistol. The tendency of the state’s evidence was to show that 'defendant shot De Wees with a pistol,- but it does not appear from the evidence that De Wees is dead, or that, if dead, he died from-the wounds inflicted, although it was shown that he was shot in several places; the…
1Opinion of the CourtPelham, P. J.
No brief has been filed on behalf of the defendant going to the merits of any question .presented by the transcript, but the main proposition which seems to have been insisted upon by the defendant in the trial court, and Which is presented for review on the record in several forms, goes to the ruling of tbe trial court that it was within the province of the jury to. find the defendant guilty of an assault with intent to murder, or an assault and battery, although the indictment against him and upon which he was being tried charged murder in the first degree. -
The lesser charge was included…
2Cases cited7 opinions
- Gilmore v. StateSupreme Court of Alabama · 1899
- Hutto v. StateSupreme Court of Alabama · 1910
- Harris v. StateSupreme Court of Alabama · 1898
- Richardson v. StateSupreme Court of Alabama · 1875
- Sankey v. StateSupreme Court of Alabama · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Duncan v. StateAlabama Court of Appeals · 1942
- Brooks v. StateSupreme Court of Alabama · 1947
- Keel v. StateAlabama Court of Appeals · 1940
- Adams v. StateAlabama Court of Appeals · 1917
- Moore v. StateAlabama Court of Appeals · 1952