Legal Opinion

Walls v. State

Supreme Court of Alabama

Decided November 15, 1891PublishedCited by 21 opinions

Erom the Circuit Court of Tallapoosa. Tried before the Hon. Jas.. R. Dowdelia The indictment in this case charged that the defendant, Jere Walls, “unlawfully and with malice aforethought did assault W. I). Stroud, with the intent to murder him.”

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Erom the Circuit Court of Tallapoosa. Tried before the Hon. Jas.. R. Dowdelia The indictment in this case charged that the defendant, Jere Walls, “unlawfully and with malice aforethought did assault W. I). Stroud, with the intent to murder him.” On the trial, as the bill of exceptions shows, the prosecuter testified that, one morning while he ivas in the blacksmith shop of one Leonard, stril&ing for a young man whom he had sent off on an errand, the defendant came in behind him, rushed on him with an open knife in his hand, declaring with an oath “I am going to kill you,” and inflicted a…

1Opinion of the CourtMcOLELLAN, J.

Questions as to the correctness of instruction given or refused to be given to j uries, in respect to the intent necessary in the oifense of assault with intent to murder, and the proof of it, have been several times passed on by this court; and Ave are aiv'are that the profession are either not agreed as to the effect of these decisions, or are inclined to the view that the later adjudications emasculate the doctrine that an intent to take life is an essential element of the crime. "VVe do not understand that it has ever been the purpose of this court to hold that an intention on the part of…

2Cases cited8 opinions

  1. Ogletree v. StateSupreme Court of Alabama · 1856
  2. Simpson v. StateSupreme Court of Alabama · 1877
  3. Smith v. StateSupreme Court of Alabama · 1889
  4. Meredith v. StateSupreme Court of Alabama · 1877
  5. Lane v. StateSupreme Court of Alabama · 1887

3 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Douglas v. StateAlabama Court of Appeals · 1963
  2. Williams v. StateSupreme Court of Florida · 1899
  3. Smith v. StateAlabama Court of Appeals · 1913
  4. Horn v. StateSupreme Court of Alabama · 1893
  5. Sparks v. StateSupreme Court of Alabama · 1953

16 more not listed; retrieve them via the Exa API.

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