Mooney v. State
Supreme Court of Alabama
Appeal from tbe Circuit Court oí Pike. Tried before tbe Hon. Robert Dougherty. The prisoner in tbis case, Hawk Mooney, was indicted for an assault on one Isaiah M. Owens, with intent to murder him; pleaded not guilty; was convicted and sentenced to. five years imprisonment in tbe penitentiary.
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Appeal from tbe Circuit Court oí Pike. Tried before tbe Hon. Robert Dougherty. The prisoner in tbis case, Hawk Mooney, was indicted for an assault on one Isaiah M. Owens, with intent to murder him; pleaded not guilty; was convicted and sentenced to. five years imprisonment in tbe penitentiary. “ On tbe trial,” as the bill of exceptions states, “tbe State proved, that Jeremiah Owens, upon whom tbe assault was alleged to have been committed, passed along where tbe prisoner, a youth, was crying, and asked him what was the matter; that the prisoner replied, one-had imposed on him; that said…
1Opinion of the Court
A. J. WALKER, O. J.—
The specific intent to commit murder is an essential ingredient of the crime of an assault with intent to commit murder. To a conviction ©f that crime it is indispensable that the existence of such intent should be proved.—Ogletree v. The State, 28 Ala. 693; Scitz v. The State, 23 Ala. 42. Drunkenness certainly does not excuse or palliate any offense. But it *421may produce a state of mind, in which the accused would be totally incapable of entertaining or forming the positive and particular intent requisite to make out the offense. In such a ease, the accused is entitled to…
2Cases cited4 opinions
- Ogletree v. StateSupreme Court of Alabama · 1856
- State v. BullockSupreme Court of Alabama · 1848
- State v. MarshallSupreme Court of Alabama · 1848
- Scitz v. StateSupreme Court of Alabama · 1853
3Cited by22 opinions
- Roberts v. PeopleMichigan Supreme Court · 1870
- Ford v. StateSupreme Court of Alabama · 1882
- Leach v. StateAlabama Court of Appeals · 1944
- Tidwell v. StateSupreme Court of Alabama · 1881
- Walker v. StateSupreme Court of Alabama · 1890
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