Prince v. State
Supreme Court of Alabama
From tlie Circuit Court of Russell. Tried before the Hon. Nat. Cook. The indictment in this case charged, that the prisoner, Henry Prince, “forcibly ravished Mary Elizabeth Vinson, a female.” The trial was had on issue joined on the plea of not guilty, and the juryí;returned a verdict in these •words, “We, the jury, find the defendant guilty of an .assault with»attempt to commit a rape which was written on'the back of the indictment, and signed by the foreman of the jury.
Read the full summary
From tlie Circuit Court of Russell. Tried before the Hon. Nat. Cook. The indictment in this case charged, that the prisoner, Henry Prince, “forcibly ravished Mary Elizabeth Vinson, a female.” The trial was had on issue joined on the plea of not guilty, and the juryí;returned a verdict in these •words, “We, the jury, find the defendant guilty of an .assault with»attempt to commit a rape which was written on'the back of the indictment, and signed by the foreman of the jury. “ When this verdict was handed by the foreman to the clerk, by the direction of the court, and read aloud in open court by…
1Opinion of the Court
R. W. "WALKER, J.
In the State v. Marshall, 14 Ala. 411, it was hold, that an indictment, which charged that the defendant committed “an assault with an attempt to murder,” is hot a sufficient allegation of the offense defined by the statute as “an assault with «¿mito murder.” We will uot now stop to inquire whether this decision can be sustained upon principle. Whatever may be the rule in reference to the form of indictments, under a statute using the specific words above quoted, it could never he tolerated that a distinction so technical should be applied iu construing the verdict of a jury.…
2Cases cited1 opinion
- State v. MarshallSupreme Court of Alabama · 1848
3Cited by14 opinions
- Jackson v. StateSupreme Court of Alabama · 1890
- OCCIDENTAL LIFE INSURANCE COMPANY OF CAL. v. NicholsSupreme Court of Alabama · 1957
- Atkinson v. StateCourt of Criminal Appeals of Texas · 1895
- Broaddus v. CommonwealthSupreme Court of Virginia · 1919
- State v. HagerWest Virginia Supreme Court · 1901
9 more not listed; retrieve them via the Exa API.