Thomas v. State

Decided November 15, 1899

Supreme Court of Alabama · decided 1899-11-15

Tried before the ITon. Samuel E. Greene. The appellant in this case was tried under an indictment which charged that before the finding of the indictment he “unlawfully and with malice aforethought killed Walter Hudson by striking him with a joint of iron pipe or with a piece of iron pipe, against the peace and dignity of the State of Alabama.” The defendant was convicted of an assault with intent to murder and was sentenced to the penitentiary for ten years.

Relies on Daughdrill v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1899-11-15

How this case has been cited

Cited by 9 later decisions — most recently November 2012

9 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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SHARPE, J.

¶1Section 5306 of the Code provides that one indicted for a criminal offense may under that indictment be' convicted of an attempt to commit the offense charged, and it also provides that he may be *47“found guilty of any offense which is necessarily included in that with wlii-cli he is charged.” An assault with intent to murder is necessarily included in á murder committed in manner as charged by the indictment in this, case which is “that the defendant unlawfully and with malice aforethought killed Walter Hudson by striking him with a joint of iron pipe or with a piece of iron'pipe.” 1 Bish. New Crim. Law, § 780; Daughdrill v. State, 113 Ala. 7.

¶2It follows that the exceptions reserved to the oral charge and rulings of the trial court were not Avell taken: No error appearing the judgment will be affirmed.

¶3Affirmed.