Smith v. State
Supreme Court of Alabama
From the City Court of Decatur. Tried before the Hon. Wm. H. Simpson. The appellant, Millard Smith, was indicted, tried and convicted of an assault with intent to murder Christine Smith, his wife; and was sentenced to the penitentiary for ten years. The testimony for the State tended to show that, on one occasion, while the defendant was out fishing in a pond with his wife and three children, he made the boat capsize.
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From the City Court of Decatur. Tried before the Hon. Wm. H. Simpson. The appellant, Millard Smith, was indicted, tried and convicted of an assault with intent to murder Christine Smith, his wife; and was sentenced to the penitentiary for ten years. The testimony for the State tended to show that, on one occasion, while the defendant was out fishing in a pond with his wife and three children, he made the boat capsize. The water in the pond was from three feet to' three feet two inches in depth. - Upon the capsizing of the boat, the defendant took both the two larger children, and placed them…
1Opinion of the CourtStone, C. J.
— Whether the defendant attempted to drown his wife by holding her head under the water, or whether, in what he did, he'was attempting to rescue her, was the material question of contestation in the trial of this case. The theory of the prosecution was, that the defendant, intentionally upset the canoe in which they were sitting on the water, threw his wife out, and not only made no attempt to rescue her, but held her head under the water that she might drown. She was taken out insensible, but subsequently revived. The contention of the defense was, that the canoe was upset accidentally, and…
2Cited by20 opinions
- Lowrey v. StateCourt of Criminal Appeals of Oklahoma · 1948
- Kansas City, Memphis & Birmingham Railroad v. BurtonSupreme Court of Alabama · 1892
- Brothers v. StateSupreme Court of Alabama · 1938
- Sharp v. StateSupreme Court of Alabama · 1915
- Whitaker v. StateSupreme Court of Alabama · 1894
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