Nelson v. State
Supreme Court of Alabama
This cause comes here by a writ of error issued by the clerk of this court in vacation, pursuant to the order of one of its judges. Prom the record it appears that the plaintiff in error was indicted in the circuit court of Henry, for an assault “in and upon one Stephen G. Williams,” “with intent, then and there, and thereby falsely, wilfully, and of his malice aforethought, the said Stephen G. Williams to kill and murder.”
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This cause comes here by a writ of error issued by the clerk of this court in vacation, pursuant to the order of one of its judges. Prom the record it appears that the plaintiff in error was indicted in the circuit court of Henry, for an assault “in and upon one Stephen G. Williams,” “with intent, then and there, and thereby falsely, wilfully, and of his malice aforethought, the said Stephen G. Williams to kill and murder.” The prisoner was tried on the plea of “not guilty,” and the jury by their verdict said, “that they find the defendant guilty of an assault, with intent to commit murder;…
1Opinion of the CourtCollier, C. J.
The second section of the fifteenth chapter of the Penal Code, enacts that “every slave who shall be guilty of murder, or commit an assault with an intent to kill any white person,” &c. “and be thereof convicted, shall suffer death.” [Clay’s Dig. 472.] It is insisted, that as the prisoner has been prosecuted for the offence denounced by this section, and has been sentenced to the punishment which it inflicts, the indictment should have charged, that the individual on whom the assault was committed, is a while person. In the State v. Flanigan, at June ’43, this court say, where a statute is…
2Cited by5 opinions
- Henry v. StateSupreme Court of Alabama · 1859
- Burt v. StateSupreme Court of Alabama · 1866
- George v. StateSupreme Court of Alabama · 1866
- Alsey v. StateSupreme Court of Alabama · 1866
- United States v. GallagherU.S. Circuit Court for New York · 1832