Trexler v. State
Supreme Court of Alabama
Error .to the Circuit Court of Chambers. Tried before the Hon. E. Pickens. 1. An indictment for assault-with intent to murder, does not charge a felony., unless- it alleges the means of the assault. — Beasley v. The State, Jan.
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Error .to the Circuit Court of Chambers. Tried before the Hon. E. Pickens. 1. An indictment for assault-with intent to murder, does not charge a felony., unless- it alleges the means of the assault. — Beasley v. The State, Jan. Term, 1851. 2. But although, such indictment cannot be held good for felony, yet a demurrer to it could not be sustained, if, as in this case, it clearly charges an assault; ’ and the proper judgment on 'a verdict under such indictment, finding the defendant “guilty as charged,” is for a misdemeanor (to-wit: an assault.) — The State v. Burns, 8 Ala. Rep. 813; Nancy v.…
1Opinion of the CourtDargan, C. J.
-In the case of Beasley vs. The State decided at the present term, we held that in an indictment-for an assault with the intent to murder, the facts constituting the assault must be alleged, and if they are not, the indictment is defective. But if the facts constituting the assault are stated, and then it is averred that the assault Ayas committed with the intent to murder, the indictment would be good under the statute. — Clay’s Dig. 442, § 26. Applying the rule recognized by this decision, we are bound to hold the indictment in this case defective. It merely avers the assault Avith the…
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