State v. Marshall
Supreme Court of Alabama
Novel and difficult questions from the Circuit Court of Sumter. Before the Hon. Geo. Goldthwaite. The defendant was indicted for an assault with attempt to murder with a pistol. The indictment contains two counts, in both of which it is charged that he assaulted the prosecutor, with an attempt, him, &c. to kill and murder. After conviction, the prisoner moved in arrest of judgment for the insufficiency of the indictment.
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Novel and difficult questions from the Circuit Court of Sumter. Before the Hon. Geo. Goldthwaite. The defendant was indicted for an assault with attempt to murder with a pistol. The indictment contains two counts, in both of which it is charged that he assaulted the prosecutor, with an attempt, him, &c. to kill and murder. After conviction, the prisoner moved in arrest of judgment for the insufficiency of the indictment. The court refused to arrest the judgment, but reserved the question for the revision of this court as novel and difficult. 1. To charge one with an attempt to murder, is the…
1Opinion of the CourtDargan, J.
The first count of the indictment charges, that the defendant, with a certain pistol, which he the said John S. Marshall then and there had and held, feloniously, wilfully, and of his malice aforethought, did make an assault, with an attempt him the said William L. Fluker, wil-fully, and of his malice aforethought, to kill and murder.
The second count charges, that the defendant, with a cer*414tain pistol, loaded and charged with gunpowder, and one leaden bullet, which he in his right hand then and there had and held, in and upon one William L. Fluker, in the peace of God, and said state being,…
2Cases cited1 opinion
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