Legal Opinion

Williams v. State

Alabama Court of Appeals

Decided June 30, 1915PublishedCited by 16 opinions

Assault With Intent to Murder. Appeal from. Elmore Circuit Court. Heard before Hon. W. W. Pearson. Sid Williams was convicted of an assault with intent to murder one Boddie, and be appeals. Tbe facts sufficiently appear.

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Assault With Intent to Murder. Appeal from. Elmore Circuit Court. Heard before Hon. W. W. Pearson. Sid Williams was convicted of an assault with intent to murder one Boddie, and be appeals. Tbe facts sufficiently appear. Tbe defendant excepted to tbe following portions of tbe court’s oral charge: Tbé burden with respect to that proposition rests upon tbe defendant to create in your mind a reasonable doubt of bis ability to form an intent; tbe presumption being that every man bas tbe capacity to form an intent. Tbe following charges were refused the defendant: (l)If there is any one fact…

1Opinion of the Court

BROWN, J.(1) It is elementary that when a person does an act legally wrong in itself, and the accomplished act is- a crime, the law will presume the criminal intent from the act.—Dotson v. State, 62 Ala. 145, 34 Am. Rep. 2; Stein v. State, 37 Ala. 123; Hoover v. State, 59 Ala. 57; Bain v. State, 61 Ala. 75; Gordon v. State, 52 Ala. 308, 23 Am. Rep. 575; Sullivan v. State, 102 Ala. 143, 15 South. 264, 48 Am. St. Rep. 22. The law presumes a person intends to do that which he does and designed the necessary consequences of his act, unless it is shown to the contrary.—McElroy v. State, 75 Ala. 9;…

2Cases cited26 opinions

  1. Ford v. StateSupreme Court of Alabama · 1882
  2. Ex parte DavisSupreme Court of Alabama · 1913
  3. Fonville v. StateSupreme Court of Alabama · 1890
  4. Cleveland v. StateSupreme Court of Alabama · 1888
  5. Walker v. StateSupreme Court of Alabama · 1890

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

3Cited by16 opinions

  1. Baker v. StateSupreme Court of Alabama · 1923
  2. Maddox v. StateAlabama Court of Appeals · 1944
  3. Parris v. StateCourt of Criminal Appeals of Alabama · 2003
  4. Evans v. StateAlabama Court of Appeals · 1919
  5. Russell v. StateAlabama Court of Appeals · 1920

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

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