Blount v. State
Supreme Court of Alabama
From the Circuit Court of Bussell. Tried before the Hon. L. B. Strange. The indictment in this case, which was found at the November Term, 1872, charged, that “ Russell King, Joe Hurt, Luke Hurt, Orran (or Orange) Hurt, Jeff. Manly, Lupe Blount, Sampson Blount, Harrison Blount, Warren Averett, and John Burns, unlawfully, and with malice aforethought, did assault Henry R. Carrington, Lee Corbett, Dock Corbett, Cornelius Brasil, and Z. Gardner, with the intent to murder them.”
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From the Circuit Court of Bussell. Tried before the Hon. L. B. Strange. The indictment in this case, which was found at the November Term, 1872, charged, that “ Russell King, Joe Hurt, Luke Hurt, Orran (or Orange) Hurt, Jeff. Manly, Lupe Blount, Sampson Blount, Harrison Blount, Warren Averett, and John Burns, unlawfully, and with malice aforethought, did assault Henry R. Carrington, Lee Corbett, Dock Corbett, Cornelius Brasil, and Z. Gardner, with the intent to murder them.” All the persons named in the indictment, except Russell King, Joe Hurt, and Luke Hurt, were jointly tried, and all were…
1Opinion of the CourtBrickell, J.
— The motion in arrest of judgment was properly overruled. That a verdict is contrary to the charge of the court, or against the evidence, is the proper subject of a *384motion for a new trial, but not of a motion in arrest of judgment, wbicb is always founded on matter appearing on the record. Williams & Daniel v. Br. Bank Montgomery, 3 Ala. 504.. 2. The verdict was responsive to the issue, ascertained and declared the guilt of the appellants, and authorized the judgment rendered. That the words “ as charged in the bill of indictment,” or words.of similar import, are not added to the finding of…
2Cases cited3 opinions
- Johnson v. StateSupreme Court of Alabama · 1850
- State v. JonesSupreme Court of Alabama · 1843
- Williamson v. Branch Bank at MontgomerySupreme Court of Alabama · 1842
3Cited by22 opinions
- Maddox v. StateSupreme Court of Alabama · 1909
- Walker v. StateSupreme Court of Alabama · 1890
- Hill v. StateSupreme Court of Alabama · 1915
- Haney v. StateAlabama Court of Appeals · 1924
- Lee v. StateCourt of Criminal Appeals of Alabama · 1977
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