Smith v. State
Supreme Court of Alabama
From the Circuit Court of Pike.- Tried before the Hon. John P. Hubbarb. The defendant in this case, Giles Smith, was indicted for an assault on Wash Thompson, with the intent to murder him ; was found guilty as charged, and sentenced to hard labor for the county for the term of two years.
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From the Circuit Court of Pike.- Tried before the Hon. John P. Hubbarb. The defendant in this case, Giles Smith, was indicted for an assault on Wash Thompson, with the intent to murder him ; was found guilty as charged, and sentenced to hard labor for the county for the term of two years. The prosecutor, who was the only witness examined on the part of the State, testified to an unprovoked assault made on him by the defendant with an axe, at or near the defendant’s house, whither he had gone to borrow a stick of wood from the defendant’s wife; while the defendant, testifying as a witness for…
1Opinion of the CourtClopton, J.
— The court, after having charged the jury that, if the assault was made in the heat of blood, on a sufficient provocation, and not with malice, the accused would not be guilty of an assault with intent to murder, instructed them, that the heat of blood “must be such as to entirely dethrone reason.” To constitute the offense with which the defendant is charged, the specific intent must exist. It does not exist, unless, if death had ensued, the offense would be murder. If the assault was committed under such circumstances that the completed offense, if death had ensued, would have been…
2Cases cited1 opinion
- Simpson v. StateSupreme Court of Alabama · 1877
3Cited by23 opinions
- Nelson v. StateCourt of Criminal Appeals of Alabama · 1986
- Johnson v. StateWisconsin Supreme Court · 1906
- Duncan v. State.Court of Criminal Appeals of Alabama · 1983
- Ex Parte McGriffSupreme Court of Alabama · 2005
- Reeves v. StateSupreme Court of Alabama · 1914
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