State v. Briley
Supreme Court of Alabama
Error to the Circuit court of Covington. ■ Indictment for mayhem, triec^before Crenshaw, J. The indictment contained three counts — the first of which charged as follows : that defendant, “ with force and arms, in and upon one P J, did make an assault, and upon the left arm of him the said P I, with a certain stick, which he the said defendant then and there had and held in both his hands, did strike and break, and did oh purpose and of malice aforethought, unlawfully…
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Error to the Circuit court of Covington. ■ Indictment for mayhem, triec^before Crenshaw, J. The indictment contained three counts — the first of which charged as follows : that defendant, “ with force and arms, in and upon one P J, did make an assault, and upon the left arm of him the said P I, with a certain stick, which he the said defendant then and there had and held in both his hands, did strike and break, and did oh purpose and of malice aforethought, unlawfully disable the said left arm of him said P Jp with intent him the said P J, then and there to maim, contrary to the form of the…
1Opinion of the Court
GOLDTHWAÍTE, J.
— The only point reserved for the determination of this court, is, whether the indictment is sufficient to warrant the conviction; the jury having, by their verdict, found the defendant guilty of mayhem.
The second and third counts of the indictment, may be entirely discarded from consideration, as it is certain, neither charge that offence — the former being for an as*474sault, and disabling the arm of the individual injured, and the latter for an assault only.
To ascertain if the first count is sufficient, it is proper to notice thev terms of the statute under which it seems to'…
2Cases cited1 opinion
- State v. AbsenceSupreme Court of Alabama · 1837
3Cited by5 opinions
- Montgomery v. StateSupreme Court of Alabama · 1867
- Baker v. StateSupreme Court of Alabama · 1857
- Jones v. StateCourt of Criminal Appeals of Alabama · 1973
- Pierce v. StateIndiana Supreme Court · 1942
- State v. AbbottSuperior Court of New Hampshire · 1855