¶1The case of Nancy, a slave, v. The State, 6 Ala. Rep. 483, is decisive of this. In that case, as in this, the indictment was for an assault to kill and murder, and the verdict for an assault to kill only, and we held, that the necessary intendment of the finding was, that the prisoner was not guilty of an assault with intent to murder, but of an assault to kill only. This is not, in the case of a white person, an offence punishable by confinement in the penitentiary, but is a mere assault, or assault and battery as the case may be. The verdict was therefore no authority for the sentence of condemnation passed by the Court, which must be reversed, and the cause remanded, that the appropriate judgment may be rendered upon the verdict. The prisoner will remain in custody, until discharged by due course of law.
8 Ala. 313
State v. Burns
Decided June 15, 1845
Supreme Court of Alabama · decided 1845-06-15
The prisoner was indicted, and tried for for an assault with intent to kill and murder, one David Walker. The jury found him guilty of “an assault, with intent to kill.” Upon this ver-diet, the Court rendered judgment, and sentenced the prisoner to be confined in the penitentiary for two years.
Good law ✅— No negative treatment on recordhow we know
Decided 1845-06-15
How this case has been cited
Cited by 9 later decisions — most recently March 1901
8 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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