Beasley v. State
Supreme Court of Alabama
Error to the Circuit Court of Butler. Tried before the Hon. Geo. Goldthwaite. 1. The demurrer to the first count in the indictment should have been sustained, first, because the indictment charges “ an assault with intent” merely as a legal conclusion, no facts or circumstances constituting the offence being set forth. — See Lambevlin v. State of Ohio, 11 Ohio, 282 ; Turnipseed v. The State, 6 Ala. 664, and authorities there cited; Clarissa v. The State, 11 ib. 57; (in the…
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Error to the Circuit Court of Butler. Tried before the Hon. Geo. Goldthwaite. 1. The demurrer to the first count in the indictment should have been sustained, first, because the indictment charges “ an assault with intent” merely as a legal conclusion, no facts or circumstances constituting the offence being set forth. — See Lambevlin v. State of Ohio, 11 Ohio, 282 ; Turnipseed v. The State, 6 Ala. 664, and authorities there cited; Clarissa v. The State, 11 ib. 57; (in the State v. Marshall, 14 Ala. 411, the point here made is not decided, although made;) State v. Rains, 3 McCord, 533; State…
1Opinion of the CourtDargan, C. J.
1. The first count in this indictment is for an assault with the intent to commi.t murder. It is charged thus — “ thatLemuel Beasley, late of said county,'on the 20th day of March, in the year of our Lord one thousand eight hundred and forty-six, with force and arms, in the county aforesaid, in and upon one Charles P. Salter, in the peace of God and said State, then and there being, did make an assault with intent 'him, thessaid Charles P. Salter, then and (here feloniously, wilfully and of his malice aforethought to kill and murder.” To this count in the indictment the defendant demurred,…
2Cases cited1 opinion
- Turnipseed v. StateSupreme Court of Alabama · 1844
3Cited by18 opinions
- Davis v. StateSupreme Court of Alabama · 1880
- Miles v. StateSupreme Court of Alabama · 1891
- Henry v. StateSupreme Court of Alabama · 1859
- Ben v. StateSupreme Court of Alabama · 1853
- Jackson v. StateSupreme Court of Alabama · 1890
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