Morgan v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Pike. Tried before filie Hon. Robt. Dou&hertv. The bill of exceptions in this case, which shows the ■only point presented for revision in this court, is as follows : “ On the trial of this case, the State introduced as a ■witness Solomon B. Scrimpshire, the person on whom fhe alleged assault was committed, and who testified, among other things,-that the prisoner came to the door •of a house in which he (witness) was, and presented a loaded…
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Appeal from the Circuit Court of Pike. Tried before filie Hon. Robt. Dou&hertv. The bill of exceptions in this case, which shows the ■only point presented for revision in this court, is as follows : “ On the trial of this case, the State introduced as a ■witness Solomon B. Scrimpshire, the person on whom fhe alleged assault was committed, and who testified, among other things,-that the prisoner came to the door •of a house in which he (witness) was, and presented a loaded pistol at him, and told him, ‘that if he would come out of the house he (the prisoner) would shoot him, and that if he did…
1Opinion of the Court
STONE, J.—
The explanatory charge given by the-court in this case, cannot be supported. It ignores one-of the material facts which constitute the offense for which the prisoner was on trial.. The defendant was not guilty as charged, unless he committed the assault, and: this act was done with a special intent to kill and murder-the person assaulted. In. Ogle-tree’s case, 28 Ala. 693, we-said, “ The defendant is indicted, not merely for what he-has effected, but for what he intended’ to effect; not only for his act, but for the intent with which he did that act.”
The facts of this case were…
2Cases cited2 opinions
- Ogletree v. StateSupreme Court of Alabama · 1856
- Scitz v. StateSupreme Court of Alabama · 1853
3Cited by13 opinions
- People v. MillerCalifornia Supreme Court · 1935
- Simpson v. StateSupreme Court of Alabama · 1877
- Pullam v. StateSupreme Court of Alabama · 1884
- Morris v. HallSupreme Court of Alabama · 1868
- Helton v. StateCourt of Criminal Appeals of Alabama · 1979
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