Gray v. State
Supreme Court of Alabama
From the City Court of Montgomery. Tried before the Hon. John A. Minnis. The prisoner in this case was indicted for an assault on Spencer Brooks, with the intent to murder him, and went to trial on the plea of not guilty.
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From the City Court of Montgomery. Tried before the Hon. John A. Minnis. The prisoner in this case was indicted for an assault on Spencer Brooks, with the intent to murder him, and went to trial on the plea of not guilty. On the trial, he reserved a bill of exceptions, in which the evidence adduced, and the several rulings of the court, are thus stated; “ The State introduced Spencer Brooks as a witness, who testified, that Matt Gray, the defendant, had been concerned in an assault on him with a knife, whereby he was severely cut in the neck, a short time before the assault charged in the…
1Opinion of the CourtStone, J.
The prisoner was indicted for an assault with intent to murder Spencer Brooks, which, under our statute, is made a felony. In a trial under such indictment, the intent with which the alleged act was done becomes a material inquiry. As in the case of the kindred though higher crime of murder, formed design, coupled with the attempted *73use of means capable of producing the result aimed at, makes the offense complete, although in this lesser offense no actual battery or injury is inflicted. Hence, any testimony tending to prove malice aforethought, ill-will previously formed, ancient grudge, or…
2Cases cited13 opinions
- Ingram v. StateSupreme Court of Alabama · 1864
- Bernstein v. HumesSupreme Court of Alabama · 1877
- Deslonde & James v. Darrington's HeirsSupreme Court of Alabama · 1856
- Faire v. StateSupreme Court of Alabama · 1877
- Noles v. StateSupreme Court of Alabama · 1855
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3Cited by37 opinions
- Smith v. StateSupreme Court of Alabama · 1916
- Garrett v. StateSupreme Court of Alabama · 1958
- McAnally v. StateSupreme Court of Alabama · 1883
- Lambert v. StateSupreme Court of Alabama · 1922
- Burton v. StateAlabama Court of Appeals · 1913
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