Supreme Court of Alabama, 1899

Thomas v. State

Supreme Court of Alabama · Decided November 15, 1899 · Sharpe

125 Ala. 45

Cases that cite this one

9 later published cases cite this decision.

Beason v. State (Ala. Ct. App. 1912)
Shelly v. Alabama Department of Corrections (Ala. Crim. App. 2012)
Coleman v. State (Ala. Crim. App. 1977)
Brooks v. State (Ala. 1947)
Lancaster v. State (Tenn. 1920)
Hosey v. State (Ala. Ct. App. 1912)
State v. Vance (Utah 1911)
Housman v. Commonwealth (Ky. Ct. App. 1908)
Cook v. State (Ala. 1901)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

SHARPE, J.

Section 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.

It 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.

Affirmed.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.