Hull v. State
Supreme Court of Alabama
Prom the Circuit Court of Cherokee. Tried before the lion. James Aiken. The indictment in this case charged that the defendant, June Hull, “unlawfully and with malice aforethought did assault James B. Thompson with a razor, with the intent to murder him.”
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Prom the Circuit Court of Cherokee. Tried before the lion. James Aiken. The indictment in this case charged that the defendant, June Hull, “unlawfully and with malice aforethought did assault James B. Thompson with a razor, with the intent to murder him.” On the trial, as appears from the bill of exceptions, said Thompson testified on the part of the State to the facts attending the difficulty between himself and the defendant, which occurred while they were driving along together, with one Gus Wright, the defendant behind, and Thompson in front; and he stated that, after some angry words had…
1Opinion of the CourtClopton, J.
The indictment charges, that the assault was made with a razor. There was evidence tending to show that the wound was inflicted with a pocket-knife. The court, in the general charge, instructed the jury, in substance, that it was immaterial whether the assault was made with a razor or a pocket-knife; and refused to charge, at the request of defendant, that if the jury had a reasonable doubt as to the assault being made with a razor, they must acquit the defendant. It is sufficient, if the substance of the charge be proved, without regard to the precise instrument used. Though the indictment…
2Cases cited4 opinions
- State v. SmithSupreme Judicial Court of Maine · 1851
- Prior v. StateSupreme Court of Alabama · 1884
- Rodgers v. StateSupreme Court of Alabama · 1874
- Henderson v. StateSupreme Court of Alabama · 1884
3Cited by13 opinions
- Thompson v. StateCourt of Criminal Appeals of Alabama · 1988
- Huckabee v. StateSupreme Court of Alabama · 1909
- Wesson v. StateSupreme Court of Alabama · 1948
- Turner v. StateSupreme Court of Alabama · 1892
- Boyle v. StateCourt of Criminal Appeals of Alabama · 2013
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