Sankey v. State
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hen. A. I). Sayre. Peter Sankey, Harkness Belser and Gov. Fortner were jointly indicted -for an assault 'with intent to murder one Phillip Taylor. On motion -of Peter Sankey a severance was had and he was tried separately and was convicted of an assault. The evidence for the State tended to show that Peter Sankey, Harkness Belser and Gov.
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Appeal from the City Court of Montgomery. Tried before the Hen. A. I). Sayre. Peter Sankey, Harkness Belser and Gov. Fortner were jointly indicted -for an assault 'with intent to murder one Phillip Taylor. On motion -of Peter Sankey a severance was had and he was tried separately and was convicted of an assault. The evidence for the State tended to show that Peter Sankey, Harkness Belser and Gov. Fortner approached a house wherein Phillip Taylor and one Louise Hart were; that Belser and Fortner had pistols in itiheir hands; that Belser tried to open [the door, and, failing, went around the…
1Opinion of the CourtTyson, J.
The defendant was indicted for an assault with intent to murder, and convicted of an 'assault.'
By force of the 'statute a defendant may be found guilty of any offense necessarily included in that with which he is charged, whether it be a felony or a misdemeanor. — Code, § 5306. That an assault is necessarily included in the charge of an assault with intent to murder is so obviously plain that it would s.eem a discussion would raither tend to obscure than to make it clearer. Without an assault, it is impossible for the offense to- be committed. Indeed, it is the initial essential to its very…
2Cases cited1 opinion
- Ex parte BonnerSupreme Court of Alabama · 1893
3Cited by6 opinions
- Patterson v. StateSupreme Court of Alabama · 1937
- Lacey v. StateSupreme Court of Alabama · 1908
- Sheppard v. StateSupreme Court of Alabama · 1911
- McWilliams v. StateAlabama Court of Appeals · 1915
- Ellis v. StateAlabama Court of Appeals · 1916
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