Williams v. State
Supreme Court of Alabama
Indictment for Assault with Intent to M'urder. From the City Court of Mobile. Tried before the lion. O. J. Semmes. The indictment in this case charged that the defendant, Frank Williams, “ unlawfully and with malice aforethought assaulted Irvin Johnson with a gun, with the intent to murder him.”
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Indictment for Assault with Intent to M'urder. From the City Court of Mobile. Tried before the lion. O. J. Semmes. The indictment in this case charged that the defendant, Frank Williams, “ unlawfully and with malice aforethought assaulted Irvin Johnson with a gun, with the intent to murder him.” On the trial, as the bill of exceptions states, the said Irvin Johnson, being introduced as a witness for the prosecutioti, “testified in substance as follows: That the defendant shot him last year, in Mobile county ; that he did not recollect the exact time, but it was since last summer (the summer…
1Opinion of the Court
STONE, G. J. —If
If Johnson’s account of the altercation be the true one, defendant committed an assault on him, when he first attempted to shoot him near Johnson’s residence. This attempt, the testimony of this witness tends to show, was made with a gun, and within shooting distance. In the absence of proof that this was done in self-defense, or under such provocation as to reduce the offense to man-slaughter, if death had ensued, this was an assault with intent to commit murder. — Allen v. The State, 52 Ala. 391; Meredith v. The State, 60 Ala. 441; DeArman v. The State, 71 Ala. 351.
The…
2Cases cited12 opinions
- DeArman v. StateSupreme Court of Alabama · 1882
- People v. RyndersNew York Supreme Court · 1834
- Wooster v. StateSupreme Court of Alabama · 1876
- Mayo v. StateSupreme Court of Alabama · 1857
- Hadley v. StateSupreme Court of Alabama · 1876
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Deason v. StateSupreme Court of Alabama · 1978
- Stovall v. StateAlabama Court of Appeals · 1949
- Smith v. StateAlabama Court of Appeals · 1913
- Horn v. StateSupreme Court of Alabama · 1893
- Smith v. CommonwealthCourt of Appeals of Kentucky · 1901
5 more not listed; retrieve them via the Exa API.