Russell v. State
| Decision Date | 14 December 1935 |
| Docket Number | 4 Div. 154 |
| Citation | 231 Ala. 297,165 So. 255 |
| Parties | RUSSELL v. STATE. |
| Court | Alabama Supreme Court |
Question certified by the Court of Appeals to the Supreme Court under Code 1923, § 7311.
Question answered.
To the Court of Appeals of Alabama:
Answering your question above certified, we are of opinion the verdict set out therein is valid and sufficient.
An indictment for assault with intent to murder includes the 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, 230 Ala. 206, 160 So. 556.
Such verdict responds to all the issues presented, operating an acquittal of the higher and a conviction of the lower offense charged in the indictment. Identifying the lower offense by the usual designation "assault and battery" and affixing a punishment suited to such offense is sufficient.
This is a general and not a special verdict within the rules requiring special verdicts to set out the findings of fact, etc. 16 C.J. p. 1110; Id., p. 1099; 64 C.J. pp. 1053-54; Id., p. 1065.
All the Justices concur, except ANDERSON, C.J., not sitting.
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...Judge. Effie Russell was convicted of assault and battery, and she appeals. Affirmed. Conforming to answers to certified questions (Ala.Sup.) 165 So. 255. Chauncey Sparks, of Eufaula, for A.A. Carmichael, Atty. Gen., and Jas. L. Screws and Wm. H. Loeb, Asst. Attys. Gen., for the State. BRIC......