Wood v. State
Supreme Court of Alabama
Ebom the Circuit Court of Walker. Tried before the Hon. W. S. Mudd. The indictment in this case, omitting the caption, &c., was in these words: “ The grand jury of said county charge that, before the finding of this indictment, Leonidas Wood and E. T. Wood, unlawfully, and with maice aforethought, did assault Daniel Grace, with intent to murder him.” The defendants jointly pleaded “not guilty to said indictment;” and on this plea issue was joined.
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Ebom the Circuit Court of Walker. Tried before the Hon. W. S. Mudd. The indictment in this case, omitting the caption, &c., was in these words: “ The grand jury of said county charge that, before the finding of this indictment, Leonidas Wood and E. T. Wood, unlawfully, and with maice aforethought, did assault Daniel Grace, with intent to murder him.” The defendants jointly pleaded “not guilty to said indictment;” and on this plea issue was joined. The verdict of the jury was, “ We, the jury, find the defendant Leonidas Wood guilty as charged in the indictment; and we find the defendant E. T.…
1Opinion of the CourtPeters, C. J.
I have not been able to reconcile the indictment set out in the record in this case with any of the forms of indictment allowed by the Code, save that for a simple assault, which is an offence punishable under section 8685 of the Revised Code. The words, “ and with maice aforethought,” maybe regarded as surplusage; and the indictment would then read: “ The grand jury of said county charge that, before the *145finding of this indictment, Leonidas Wood and E. T. Wood unlawfully did assault Daniel Grace, with intent to murder him.” This would be sufficient as an indictment for an assault, which is…
2Cited by4 opinions
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- Bridgeforth v. StateAlabama Court of Appeals · 1924