Thomas v. State
Supreme Court of Alabama
Appeal from the Criminal Court of Jefferson. Tried before the ITon. Samuel E. Greene. The appellant in this case was tried under an indictment which charged that before the finding of the indictment he “unlawfully and with malice aforethought killed Walter Hudson by striking him with a joint of iron pipe or with a piece of iron pipe, against the peace and dignity of the State of Alabama.”
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Appeal from the Criminal Court of Jefferson. Tried before the ITon. Samuel E. Greene. The appellant in this case was tried under an indictment which charged that before the finding of the indictment he “unlawfully and with malice aforethought killed Walter Hudson by striking him with a joint of iron pipe or with a piece of iron pipe, against the peace and dignity of the State of Alabama.” The defendant was convicted of an assault with intent to murder and was sentenced to the penitentiary for ten years. On the trial it was shown that as the result of a dispute, the defendant, Jim Thomas, and…
1Opinion of the CourtSharpe, J.
Section 5306 of the Code provides that one indicted for a criminal offense may under that indictment be' convicted of an attempt to commit the offense charged, and it also provides that he may be *47“found guilty of any offense which is necessarily included in that with wlii-cli he is charged.” An assault with intent to murder is necessarily included in á murder committed in manner as charged by the indictment in this, case which is “that the defendant unlawfully and with malice aforethought killed Walter Hudson by striking him with a joint of iron pipe or with a piece of iron'pipe.” 1 Bish. New…
2Cases cited1 opinion
- Daughdrill v. StateSupreme Court of Alabama · 1896
3Cited by10 opinions
- Housman v. CommonwealthCourt of Appeals of Kentucky · 1908
- Brooks v. StateSupreme Court of Alabama · 1947
- Beason v. StateAlabama Court of Appeals · 1912
- Coleman v. StateCourt of Criminal Appeals of Alabama · 1977
- Hosey v. StateAlabama Court of Appeals · 1912
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