Smith v. State
Alabama Court of Appeals
Appeal from. Clay County Court. Heard before Hon. E. J. Gabeison. J. Van Smith was convicted of assault with intent to murder, and he appeals. The facts are .sufficiently stated in the opinion. The following written charges were refused the defendant: (10) “The court charges the jury that, unless the defendant fired upon the parties in the wagon with the intention to murder some one by the shot, they cannot find the defendant guilty.”
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Appeal from. Clay County Court. Heard before Hon. E. J. Gabeison. J. Van Smith was convicted of assault with intent to murder, and he appeals. The facts are .sufficiently stated in the opinion. The following written charges were refused the defendant: (10) “The court charges the jury that, unless the defendant fired upon the parties in the wagon with the intention to murder some one by the shot, they cannot find the defendant guilty.” (11) “The court charges the jury that they cannot find the defendant guilty unless they believe from the evidence beyond a reasonable doubt that he fired one of…
1Opinion of the CourtThomas, J.
— The defendant was indicted under the name J. Van Smith, and he pleaded in abatement that his correct name was Javan J. Smith.. The state demurred to the plea, which was sustained, on the ground, among others, that the name set up in the plea is idem sonans with that stated in the indictment.
In considering the plea we are to ignore the middle initial “J.” given therein, since the criminal law regards a middle name as entirely immaterial. — Rooks v. State, 83 Ala. 80, 3 South. 720; Pace v. State, 69 Ala. 231, 44 Am. Rep. 513; Kimbrell v. State, 130 Ala. 40, 30 South. 454. So the plea in…
2Cases cited26 opinions
- Morris v. StateSupreme Court of Alabama · 1906
- State ex rel. Attorney General v. TallySupreme Court of Alabama · 1893
- Pierson v. StateSupreme Court of Alabama · 1892
- Raiford v. StateSupreme Court of Alabama · 1877
- Griffith v. StateSupreme Court of Alabama · 1891
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3Cited by30 opinions
- Stokley v. StateSupreme Court of Alabama · 1950
- Gustine v. StateSupreme Court of Florida · 1923
- Morton v. StateCourt of Criminal Appeals of Alabama · 1976
- Conley v. StateCourt of Criminal Appeals of Alabama · 1977
- Patterson v. StateSupreme Court of Alabama · 1918
25 more not listed; retrieve them via the Exa API.