State v. Stedman
Supreme Court of Alabama
In error to the Circuit court of Talladega county. Indictment for an assault and battery, with intent to commit murder, tried before Judge A. Martin. Plea, not guilty. Yerdict, guilty. In the court below, the defendant moved to arrest the judgment,, and also for a new trial, both, of which motions were overruled.
Read the full summary
In error to the Circuit court of Talladega county. Indictment for an assault and battery, with intent to commit murder, tried before Judge A. Martin. Plea, not guilty. Yerdict, guilty. In the court below, the defendant moved to arrest the judgment,, and also for a new trial, both, of which motions were overruled. On the trial, several questions arose, which the presiding judge, considering to he novel and difficult, — referred to this court for its decision and judgment, as directed by the statute. The points certified for adjudication, were the following— 1. That the venire facias was…
1Opinion of the CourtCollier, C. J.
— 1. The indictment, in this case, is founded upon a statute which enacts that “ every person who shall assault another with intent to commit murder, rape or robbery, shall, on conviction thereof, be amerced.” The assault, as well as the battery, is charged to have been feloniously, wilfully, and of malice aforethought, made and done, with intent feloniously, wilfully, and of malice aforethought, to kill and murder.
It is objected to the indictment, that it charges the defendant with the commission of a felony; whereas the offence of an assault with intent to murder, is at most, a mere…
2Cases cited1 opinion
- Commonwealth v. MorseMassachusetts Supreme Judicial Court · 1806
3Cited by16 opinions
- Sparrenberger v. StateSupreme Court of Alabama · 1875
- Pardue v. StateCourt of Criminal Appeals of Alabama · 1989
- Newsom v. StateSupreme Court of Alabama · 1894
- Ex Parte StollenwerckSupreme Court of Alabama · 1918
- State v. RobeyNevada Supreme Court · 1873
11 more not listed; retrieve them via the Exa API.