Murdock v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Conecuh. Tried before the Hon. John K. Henry. The indictment in this case charged, in the first count, that the defendant “ did assault Sarah Watson, with the intent to maim her ” ; and in the second, that he “ did assault Sarah Watson with the intent to maim her, by then and there pouring, or attempting to pour into her private parts, a mixture of spirits of turpentine and pepper, with the intent aforesaid.”
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Appeal from the Circuit Court of Conecuh. Tried before the Hon. John K. Henry. The indictment in this case charged, in the first count, that the defendant “ did assault Sarah Watson, with the intent to maim her ” ; and in the second, that he “ did assault Sarah Watson with the intent to maim her, by then and there pouring, or attempting to pour into her private parts, a mixture of spirits of turpentine and pepper, with the intent aforesaid.” The defendant demurred to each count of the indictment, and specified the following grounds of demurrer : To the first count, “ because it' merely…
1Per curiam
— Eor the appellant, a reversal of the judgment and sentence of conviction is claimed, on several grounds, which will be considered in the order of their presentation by counsel.
■ It is first insisted, the indictment is insufficient, and the demurrers taken to it ought to have been sustained. As an accusation of the statutory felony of assault with intent to maim, the insufficiency of the indictment will be readily conceded, and it is not probable that it was the intention of the pleader to charge that offense. The first count is a charge of an assault aggravated by the accompanying intent to…
2Cited by8 opinions
- McArdle v. StateCourt of Criminal Appeals of Alabama · 1979
- Philpot v. StateAlabama Court of Appeals · 1966
- Turk v. StateSupreme Court of Alabama · 1903
- Stoutmire v. StateCourt of Criminal Appeals of Alabama · 1978
- Johnson v. StateCourt of Criminal Appeals of Alabama · 1993
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