Cutcliff v. State
Alabama Court of Appeals
Appeal from Circuit Court, Jefferson County; H. P. Heflin, Judge.' William IT. Cutcliff was convicted of assault with intent to murder his wife, and he appeals. The defendant was entitled to the affirmative charge because of a variance in the name of the person alleged to have been assaulted.
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Appeal from Circuit Court, Jefferson County; H. P. Heflin, Judge.' William IT. Cutcliff was convicted of assault with intent to murder his wife, and he appeals. The defendant was entitled to the affirmative charge because of a variance in the name of the person alleged to have been assaulted. Section 7142, C'ode 1907; 61 Ala. 224 ; 52 Ala. 405; 53 Afa. 476 ; 59 Ala. 37; 52 Ala. 414; 147 Ala. 104, 41 South. 911; 134 Ala. 145, 32 South. 273. Counsel discuss other assignments of error, but without further citation of authority.
1Opinion of the CourtBricken, P. J.
The indictment, omitting the formal parts thereof, charged that William H. Cutcliff unlawfully and with malice aforethought did assault Mrs. W. II. Cutcliff, with the intent to murder her, etc.'
That the assault by this defendant upon his wife was committed within the period covered by the indictment is not denied, nor is the serious character or nature of the assault in dispute. The defendant, however, insists that no conviction can be had in this case because of a variance between the allegation in the indictment as to' the name or identity of the injured party and the proof adduced thereto…
2Cases cited12 opinions
- Parsons v. StateSupreme Court of Alabama · 1886
- Ford v. StateSupreme Court of Alabama · 1882
- Jones v. StateSupreme Court of Alabama · 1913
- Maxwell v. StateSupreme Court of Alabama · 1889
- Gunter v. StateSupreme Court of Alabama · 1887
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3Cited by3 opinions
- Dinkins v. StateAlabama Court of Appeals · 1925
- Hembree v. StateAlabama Court of Appeals · 1926
- Cutcliff v. StateSupreme Court of Alabama · 1920