State v. Burns
Supreme Court of Alabama
Error to the Circuit Court of Mobile. The prisoner was indicted, and tried for for an assault with intent to kill and murder, one David Walker. The jury found him guilty of “an assault, with intent to kill.” Upon this ver-diet, the Court rendered judgment, and sentenced the prisoner to be confined in the penitentiary for two years.
1Opinion of the CourtOrmond, J.
The case of Nancy, a slave, v. The State, 6 Ala. Rep. 483, is decisive of this. In that case, as in this, the indictment was for an assault to kill and murder, and the verdict for an assault to kill only, and we held, that the necessary intendment of the finding was, that the prisoner was not guilty of an assault with intent to murder, but of an assault to kill only. This is not, in the case of a white person, an offence punishable by confinement in the penitentiary, but is a mere assault, or assault and battery as the case may be. The verdict was therefore no authority for the sentence of…
2Cases cited1 opinion
- Nancy v. StateSupreme Court of Alabama · 1844
3Cited by10 opinions
- Henry v. StateSupreme Court of Alabama · 1859
- Bell & Murray v. StateSupreme Court of Alabama · 1872
- Clifton v. StateSupreme Court of Alabama · 1883
- Phillips v. KellySupreme Court of Alabama · 1857
- Ex parte BradleyIndiana Supreme Court · 1874
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