Hankinson v. State
Alabama Court of Appeals
Appeal from Jefferson Criminal Clourt. Heard before Hon, M. Frank Cabalan. John Hankinson was convicted of an assault with intent to murder, and he appeals. The indictment is as follows (omitting formal charging part) : John Hankinson unlawfully and with malice aforethought did assault Josh Jones, with intent to murder him, etc.
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Appeal from Jefferson Criminal Clourt. Heard before Hon, M. Frank Cabalan. John Hankinson was convicted of an assault with intent to murder, and he appeals. The indictment is as follows (omitting formal charging part) : John Hankinson unlawfully and with malice aforethought did assault Josh Jones, with intent to murder him, etc. The demurrers are: 1. -Fails to allege with what kind or character of instrument the said assault was committed. 2. Fails to allege how Josh Jones was assaulted. 3. Fails to allege any offense. Counsel insist that the form prescribed by the Code, is insufficient and…
1Opinion of the Court
de GBAFFENRIED, J.
The indictment in this case is in the exact language of the form prescribed by the Code for an. indictment for an assault with intent to murder. It was, therefore, not subject to the demurrer which the defendant interposed to it. “We have made very many rulings on the sufficiency of the forms of indictment furnished in the several Codes. When the legislature, either in the body of the statute, or in a prescribed form, declares what shall be a sufficient indictment, such legislative direction is pronounced controlling, and an indictment pursuing such form will be pronounced…
2Cases cited4 opinions
- Smith v. StateSupreme Court of Alabama · 1879
- Wilson v. StateSupreme Court of Alabama · 1878
- Bailey v. StateSupreme Court of Alabama · 1892
- McCullough v. StateSupreme Court of Alabama · 1879
3Cited by3 opinions
- Witt v. StateAlabama Court of Appeals · 1912
- Corbin v. StateAlabama Court of Appeals · 1917
- Green v. StateAlabama Court of Appeals · 1917