Hughes v. State
Supreme Court of Alabama
Writ of Error allowed by this Court to the Circuit Court of Butler. INdictment against Benjamin Hughes and John S. Hughes.The first count is for an assault with intent to commit murder, on one Adams. The second count is for an ordinary assault and battery. At the trial, there was no positive evidence that either of the defendants had committed the assault for which they were indicted.
Read the full summary
Writ of Error allowed by this Court to the Circuit Court of Butler. INdictment against Benjamin Hughes and John S. Hughes.The first count is for an assault with intent to commit murder, on one Adams. The second count is for an ordinary assault and battery. At the trial, there was no positive evidence that either of the defendants had committed the assault for which they were indicted. It was shown the assault was committed in the night-time, and secretly, by some person or persons unknown to the individual assaulted, by means of fire arms, loaded with powder and shot. The principal evidence…
1Opinion of the Court
GOLDTHWAITE, J
1. We think the Attorney General is right in conceding the charge of the circuit court cannot be sustained. It was probably induced by the impression, either that the prisoners, if acquitted as principals, could not afterwards be indicted as accessories before the fact, or that the offence of assaulting with intent to commit murder, being only a misdemeanor at common law, could have no accessories, but that all concerned were punishable as principals. We shall briefly state our opinion of the law in each of these connections.
It is said by Lord Hale, that if one is indicted as…
2Cited by6 opinions
- Walrath v. StateNebraska Supreme Court · 1878
- Wortham v. GurleySupreme Court of Alabama · 1883
- Scott v. ParkerSupreme Court of Alabama · 1927
- Barlew v. StateAlabama Court of Appeals · 1912
- Mckeen v. StateCourt of Appeals of Texas · 1880
1 more not listed; retrieve them via the Exa API.