Smith v. State
Supreme Court of Alabama
From the Circuit Court of Pike. Tried before the Hon. John P. Hubbard. cited Smith v. The State, 83 Ala. 26. cited Allen v. State, 52 Ala. 391; Williams v. State, 77 Ala. 53; Jones v. State, 79 Ala. 23; Lane v. State, 85 Ala. 11.
1Opinion of the CourtClopton, J.
-The defendant, who was indicted and convicted for an assault with intent to murder Henry White, requested the court to charge the jury: “Before the jury can find the defendant guilty, they must believe beyond a reasonable doubt that, at the time of the firing of the pistol, the defendant had a specific intent to murder Henry White.” Substantially the same proposition was asserted by the second, third and fourth charges requested by the defendant. The statute does not create, but merely converts the offense of assault with intent to murder from a misdemeanor to a felony, by inflicting severer…
2Cases cited5 opinions
- Carter v. ChambersSupreme Court of Alabama · 1885
- Meredith v. StateSupreme Court of Alabama · 1877
- Allen v. StateSupreme Court of Alabama · 1875
- Ross v. RossSupreme Court of Alabama · 1852
- Moore v. StateSupreme Court of Alabama · 1851
3Cited by28 opinions
- Miller v. StateSupreme Court of Alabama · 1894
- Fonville v. StateSupreme Court of Alabama · 1890
- Gibson v. StateSupreme Court of Alabama · 1890
- Douglas v. StateAlabama Court of Appeals · 1963
- Stovall v. StateAlabama Court of Appeals · 1949
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