State v. Bullock
Supreme Court of Alabama
Error to the Circuit Court of Shelby County. Before the Hon. G. D. Shortridge. The prisoner was indicted in the circuit court of Shelby county, for an assault with intent to kill and murder one Henry W. Robertson.
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Error to the Circuit Court of Shelby County. Before the Hon. G. D. Shortridge. The prisoner was indicted in the circuit court of Shelby county, for an assault with intent to kill and murder one Henry W. Robertson. The indictment, after stating the assault made by defendant, in the usual form, proceeds, “ that the said James Bullock, with a certain large knife which he the said James then and there had and held, at and against the body of the said Henry W. Robertson, then and there did cut, thrust, and stab, with the intent him, the said Henry W. Robertson, then and there, feloniously,…
1Opinion of the CourtChilton, J.
1. Before considering the propriety of the charge asked and refused, and that given, by the court, let us examine as to the sufficiency of the indictment. The statute under which it is framed, declares, “ every person who shall be guilty, and be thereof convicted, of an assault with an attempt to murder, &c. shall be punished by imprisonment in the penitentiary, for a term not less than two, nor more than twenty years.” Conceding the law to be well settled, that all penal statutes must be strictly construed, yet it does not follow, that an indictment for a statutable offence should follow the…
2Cited by24 opinions
- Sparrenberger v. StateSupreme Court of Alabama · 1875
- Tidwell v. StateSupreme Court of Alabama · 1881
- Ben v. StateSupreme Court of Alabama · 1853
- Free v. StateCourt of Criminal Appeals of Alabama · 1986
- Beasley v. StateSupreme Court of Alabama · 1874
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