Allen v. State
Supreme Court of Alabama
Appeal from Circuit Court of Limestone. Tried before Hon. W. B. Wood. Appellant, Elijab Allen, was convicted on an indictment charging him with assaulting Cyrus Edwards with tbe intent to murder or maim Mm. There were two counts, one averring and the other not stating tbe instrument with wbicb tbe assault was made. Tbe facts developed in tbe trial showed that defendant and prosecutor were brothers-in-law living in tbe same bouse.
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Appeal from Circuit Court of Limestone. Tried before Hon. W. B. Wood. Appellant, Elijab Allen, was convicted on an indictment charging him with assaulting Cyrus Edwards with tbe intent to murder or maim Mm. There were two counts, one averring and the other not stating tbe instrument with wbicb tbe assault was made. Tbe facts developed in tbe trial showed that defendant and prosecutor were brothers-in-law living in tbe same bouse. While prosecutor was absent one day defendant quarrelled with prosecutor’s wife. Some words passed about it, and prosecutor having picked up an axe, as hie said, to…
1Opinion of the CourtBrickell, C. J.
When the jury return into court with a verdict, it is not a matter of course to receive it in the form in which it is rendered. It is the duty of the court, and of the prosecuting officer, to look after its form and substance, so far as to prevent an unintelligible, or a doubtful, or an insufficient verdict from passing into the records of the court, to create embarrassments afterward and perhaps the necessity of a new trial. The court should require the jury, by their verdict, to pass upon the whole indictment, in such form of words as shall constitute a sufficient finding in point of law,…
2Cases cited4 opinions
- Clay v. StateSupreme Court of Alabama · 1869
- Moore v. StateSupreme Court of Alabama · 1851
- State v. PhilSupreme Court of Alabama · 1827
- Scitz v. StateSupreme Court of Alabama · 1853
3Cited by25 opinions
- Woodard v. StateAlabama Court of Appeals · 1965
- Smith v. StateSupreme Court of Alabama · 1889
- Meredith v. StateSupreme Court of Alabama · 1877
- Walls v. StateSupreme Court of Alabama · 1891
- Foster v. StateSupreme Court of Alabama · 1889
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