Legal Opinion

Moore v. State

Supreme Court of Alabama

Decided January 15, 1851PublishedCited by 15 opinions

Error to the Circuit Court of Limestone. Tried before the Hon. Thos. A. Walker. 1. The statute under which the conviction in this case was had, is in the following words: “Every person who shall be be guilty, and be thereof convicted, of an assault with intent to murder, maim, rob, or ravish, or shall attempt to commit murder by any means which do not amount to an assault, shall be punished, &c.” — Clay’s Dig. 416, § 30. 2. The statute of 1 Vie.

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1Opinion of the Court

CHIL7’ON, J.

The plaintiff in error was tried and convicted, of an assault with'intent to commit murder. On the trial, below, the prisoner’s counsel asked the court to charge the jury that they could not find the prisoner guilty, unless they found that he had in his mind at the time of the commission of the assault a positive intention to commit murder.

This charge we think the court very properly refused, as it was well calculated to mislead the jury. The statute does not use the word positive as qualifying the intent, and in so far as it may be construed to mean an express intent, as…

2Cited by15 opinions

Merritt v. CommonwealthSupreme Court of Virginia · 1935
Patterson v. StateSupreme Court of Georgia · 1890
Commander v. StateCourt of Criminal Appeals of Alabama · 1978
Jolly v. StateCourt of Criminal Appeals of Alabama · 1981
Fields v. StateSupreme Court of Alabama · 1875

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