Legal Opinion

Mahaley v. State

Alabama Court of Appeals

Decided May 8, 1951No. 8 Div. 906PublishedCited by 5 opinions

1Opinion of the Court

HARWOOD, Judge.

In the lower court this appellant’s jury trial resulted in a verdict of guilty of assault with intent to murder, and judgment was entered accordingly.

The appellant entered pleas of not guilty, and not guilty by reason of insanity.

The evidence is undisputed that appellant shot the victim of this assault, she being his wife, as she was retreating from him, on a public street in Athens, Alabama. Appellant fired four shots at his wife with a *90pistol. One shot struck her in the back and she fell into a ditch. Appellant shot her again as she lay in the ditch, this bullet, striking her…

2Cases cited5 opinions

  1. Blue v. StateSupreme Court of Alabama · 1944
  2. Brothers v. StateSupreme Court of Alabama · 1938
  3. Dodd v. StateAlabama Court of Appeals · 1946
  4. Bone v. StateAlabama Court of Appeals · 1932
  5. Nettles v. StateAlabama Court of Appeals · 1945

3Cited by5 opinions

  1. Wright v. StateSupreme Court of Alabama · 1966
  2. Emerson v. StateSupreme Court of Alabama · 1967
  3. White v. StateCourt of Criminal Appeals of Alabama · 1980
  4. Mahaley v. StateSupreme Court of Alabama · 1951
  5. Walton v. StateCourt of Criminal Appeals of Alabama · 1972

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