McDonald v. State
| Decision Date | 13 May 1898 |
| Parties | MCDONALD v. STATE. |
| Court | Alabama Supreme Court |
Appeal from city court of Montgomery; A. D. Sayre, Judge.
Dave McDonald was convicted of assault with intent to murder, and he appeals. Affirmed.
William C. Fitts, Atty. Gen., for the State.
The appellant was indicted, tried and convicted for an assault with intent to murder. There was an exception reserved to the court's overruling the defendant's objection to the leading question which was asked one of the state's witnesses by the solicitor. Held, that it was discretionary with the lower court to allow the question to be answered, though it was leading.-Sayre v. Durwood, 35 Ala. 247; Gassenheimer v. State, 52 Ala. 313.
The verdict was as follows: "We, the jury, find the defendant guilty." Held, that this was sufficiently definite, and when properly construed means, guilty as charged in the indictment.-Blount v. State, 49 Ala. 381; Giles v. State, 52 Ala. 29. The judgment of conviction is affirmed.
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Roden v. State
...surplusage. The verdict must be referred to the indictment, and the words "as charged in the indictment" are nonessential. McDonald v. State, 118 Ala. 672, 23 So. 637; Washington v. State, 117 Ala. 30, 23 So. Watkins v. State, 133 Ala. 88, 32 So. 637; Durrett v. State, 133 Ala. 119, 32 So. ......
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Russell v. State
... ... lesser offense of assault and battery. Jones v ... State, 79 Ala. 23. The verdict will be referred to the ... indictment, without adding "as charged in the ... indictment," or other like recital. Blount et al. v ... State, 49 Ala. 381; McDonald v. State, 118 Ala ... 672, 23 So. 637; Gulledge v. State (Ala.App.) 160 ... So. 556, certiorari denied 230 Ala. 206, 160 So. 556. Such ... verdict responds to all the issues presented, operating as an ... acquittal of the higher and a conviction of the lower ... offenses charged in the ... ...
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Prophett v. State, 5 Div. 872.
... ... Reversible error ... will not be rested upon this unauthorized effort of the jury ... as to the punishment and place of confinement. Glover v ... State, 23 Ala. App. 81, 121 So. 2; Martin v ... State, 125 Ala. 64, 28 So. 92; Chappell v ... State, 19 Ala. App. 648, 100 So. 75; McDonald v ... State, 118 Ala. 672, 23 So. 637 ... ...
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Hill v. State
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