Legal Opinion

Simpson v. State

Supreme Court of Alabama

Decided December 15, 1877PublishedCited by 49 opinions

Appeal from the City Court of Montgomery. Tried before the Hon. John A. Minnis. The defendant was indicted at the July term, 1879, for an assault with intent to murder Michael Ford. The bill of exceptions in this case shows, “that Michael Ford owned and resided on a lot near the city of Montgomery; and that defendant owned and resided on a tract of land adjoining, and west of the lot óf Ford.

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Appeal from the City Court of Montgomery. Tried before the Hon. John A. Minnis. The defendant was indicted at the July term, 1879, for an assault with intent to murder Michael Ford. The bill of exceptions in this case shows, “that Michael Ford owned and resided on a lot near the city of Montgomery; and that defendant owned and resided on a tract of land adjoining, and west of the lot óf Ford. The two lots were divided by a line fence five feet high, made of plank placed closely together.. The residence of the defendant was on the west side of his premises, and fronted to the west, and the…

1Opinion of the CourtBrickell, C. J.

— The indictment contains a single count, charging, in the prescribed form, the defendant with an assault with intent to murder one Michael Ford. It is founded on the statute (Rev. Code, § 3670), which reads as follows: “Any person who commits an assault on another, with intent to murder, maim, rob, ravish, or commit the crime against nature, or who attempts to poison any human being, or to commit murder by any means not amounting to an assault, must, on conviction, be punished by imprisonment in the penitentiary, or hard labor for the county, for not less than two, or more than twenty…

2Cases cited19 opinions

  1. Van Ness v. PacardSupreme Court of the United States · 1829
  2. Ogletree v. StateSupreme Court of Alabama · 1856
  3. Carroll v. StateSupreme Court of Alabama · 1853
  4. Barlow v. LambertSupreme Court of Alabama · 1856
  5. Johnson v. PattersonSupreme Court of Connecticut · 1840

14 more not listed; retrieve them via the Exa API.

3Cited by49 opinions

  1. People v. CeballosCalifornia Supreme Court · 1974
  2. Suell v. DerricottSupreme Court of Alabama · 1909
  3. Ex Parte BeverlySupreme Court of Alabama · 1986
  4. Free v. StateCourt of Criminal Appeals of Alabama · 1984
  5. People v. DoudMichigan Supreme Court · 1923

44 more not listed; retrieve them via the Exa API.

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