Ogletree v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Chambers. Tried before the Hon. John Gill Shorter. INDICTMENT against William Ogletree, for an assault on Stephen H. Tiller, with intent to murder Mm. The bill of exceptions'states the following facts: “The State introduced one J. S. Mitchell as a witness, who testified, that an altercation commenced between himself and Ogletree, before the drug-store; that Ogletree, with a stick in.
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Appeal from the Circuit Court of Chambers. Tried before the Hon. John Gill Shorter. INDICTMENT against William Ogletree, for an assault on Stephen H. Tiller, with intent to murder Mm. The bill of exceptions'states the following facts: “The State introduced one J. S. Mitchell as a witness, who testified, that an altercation commenced between himself and Ogletree, before the drug-store; that Ogletree, with a stick in. Ms hand, waving it about, commenced cursing him; that the first words were spoken by Ogletree to him; that he then asked Ogle-tree, if that was the stick he (0.) shook over him in…
1Opinion of the CourtRice, C. J.
The indictment is founded upon section 3106 Qf the Code, and is in accordance with the form which the Code provides for an indictment under that section. — Code, page 700, form No. 16. It alleges that the defendant, “unlawfully, and with malice aforethought, assaulted Stephen H. Tiller, with intent to murder him,” <fcc.
The offence alleged was not, at common law, a felony; but Under our code, it is a felony. — Code, sections 3071, 3106. A misdemeanor, to-wit, an assault, or assault and battery, is necessarily included in the offence with which the defendant is charged; and, according to our…
2Cited by59 opinions
- Roberts v. PeopleMichigan Supreme Court · 1870
- Ford v. StateSupreme Court of Alabama · 1882
- Simpson v. StateSupreme Court of Alabama · 1877
- State v. MaloneSupreme Court of Missouri · 1931
- Guiteau's CaseDistrict Court, S.D. New York · 1882
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