Meredith v. State
Supreme Court of Alabama
From the Circuit Court of Colbert. Tried before the Hon. W. B, Wood. The indictment in this case, which contained but a single count, charged that the defendant, Henry Meredith, “unlawfully, and with malice aforesaid, assaulted Sam Greenhill with a knife, with intent- to murder him.” The defendant pleaded not guilty, was convicted, and sentenced to imprisonment in the penitentiary for the term of three years.
Read the full summary
From the Circuit Court of Colbert. Tried before the Hon. W. B, Wood. The indictment in this case, which contained but a single count, charged that the defendant, Henry Meredith, “unlawfully, and with malice aforesaid, assaulted Sam Greenhill with a knife, with intent- to murder him.” The defendant pleaded not guilty, was convicted, and sentenced to imprisonment in the penitentiary for the term of three years. “ On the trial,” as the bill of exceptions states, “ the State swore three witnessed all colored men, and put them under the rule, namely, Sam Greenhill, the prosecutor, Bob Greenhill,…
1Opinion of the CourtBrickell, C. J.
An assault with intent to murder is not a statutory, but a common-law offense. The statute, without adding to, or diminishing the elements of the offense, as it was known to the common law, by the severer punishment it inflicts, converts it from a high misdemeanor into a felony. No other facts need be proved, than such as were essential to be proved at common law. An assault, an intentional attempt by violence, without legal excuse, and without sufficient provocation, to do an injury to the person of another, accompanied by facts and circumstances indicative of an intent to take life,…
2Cases cited4 opinions
- People v. ScottMichigan Supreme Court · 1859
- Ogletree v. StateSupreme Court of Alabama · 1856
- Allen v. StateSupreme Court of Alabama · 1875
- Baker v. Heirs of ChastangSupreme Court of Alabama · 1850
3Cited by27 opinions
- Doss v. StateSupreme Court of Alabama · 1929
- Brown v. StateSupreme Court of Alabama · 1904
- Gray v. StateSupreme Court of Alabama · 1879
- Smith v. StateAlabama Court of Appeals · 1913
- Hall v. StateCourt of Criminal Appeals of Alabama · 1977
22 more not listed; retrieve them via the Exa API.