Thomas v. State

125 Ala. 45 | Ala. | 1899

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 “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.