Burton v. State
Alabama Court of Appeals
Appeal from Tallapoosa Circuit Court. Heard, before Hon. S. L. Brewer. Garfield. Burton was charged with an assault with intent to commit a rape, convicted of an attempt to commit an assault with intent to commit a rape, and he appeals.
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Appeal from Tallapoosa Circuit Court. Heard, before Hon. S. L. Brewer. Garfield. Burton was charged with an assault with intent to commit a rape, convicted of an attempt to commit an assault with intent to commit a rape, and he appeals. The court was in error in receiving the verdict, and in giving the charge under section 6311, on the theory that there could be a conviction of an attempt to commit the assault.— Gray v. State, 63 Ala. 73; Jackson v. State, 91 Ala. 55; Jones v. State, 90 Ala. 628. An attempt implies both the purpose and an actual effort to carry that purpose out. — Witherby v.…
1Opinion of the CourtThomas, J.
— The defendant was indicted for an assault with the intent to rape, which is made a felony by section 6309 of the Code, punishable by imprisonment in the penitentiary for not less than two years. He was convicted of an “attempt to commit an assault with intent to rape,” and sentenced by the court, as for a misdemeanor under section 7622 of the Code, to hard labor for the county for a term of six months. The defendant moved in arrest of judgment that the verdict of the jury, finding him guilty of an “attempt to commit an assault with intent to rape,” was void, in that there is no such crime…
2Cases cited10 opinions
- Lewis v. StateSupreme Court of Alabama · 1860
- Gray v. StateSupreme Court of Alabama · 1879
- Jackson v. StateSupreme Court of Alabama · 1890
- Hutto v. StateSupreme Court of Alabama · 1910
- State v. PickettNevada Supreme Court · 1876
5 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Wilkins v. StateAlabama Court of Appeals · 1940
- Morgan v. StateCourt of Criminal Appeals of Alabama · 1978
- Bryant v. StateCourt of Criminal Appeals of Alabama · 1972
- Kilpatrick v. StateCourt of Criminal Appeals of Alabama · 1973
- Autry v. StateAlabama Court of Appeals · 1949
31 more not listed; retrieve them via the Exa API.