Dempsey v. State
Alabama Court of Appeals
Appeal from Gadsden City Court. Heard before Hon. James A. Bilbro. A. J. Dempsey, alias “Bird” Dempsey, was convicted of an assault with intent to murder, and he appeals. The person assaulted was one Wilson, and the weapon used was a knife. The other facts sufficiently appear.
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Appeal from Gadsden City Court. Heard before Hon. James A. Bilbro. A. J. Dempsey, alias “Bird” Dempsey, was convicted of an assault with intent to murder, and he appeals. The person assaulted was one Wilson, and the weapon used was a knife. The other facts sufficiently appear. The following are the charges refused to defendant as noted in the opinion: • (1) The court charges the jury that no blow, cut, or other action on the part of Dempsey could amount to an assault with intent to murder, unless Dempsey thought he had the means with which to take life, and unless Dempsey was making an effort…
1Opinion of the Court
PELHAM, P. J. —
The defendant was tried and convicted of an assault with intent to murder.(1) There is no error shown in the Court’s ruling in permitting the state to show by its witness Luther Wilson the declaration made by the defendant during, or just at the termination of the difficulty, to his wife, “to bring his gun; that he had’killed one man [applying a vile epithet] and was going to kill another.” This evidence was competent, and clearly admissible as part of the res gestse of the transaction, and was, in fact, part of and-explanatory of, the circumstances attending the pursuit of the…
2Cases cited10 opinions
- Hornsby v. StateSupreme Court of Alabama · 1891
- Smith v. StateSupreme Court of Alabama · 1913
- Maddox v. StateSupreme Court of Alabama · 1909
- Smith v. StateAlabama Court of Appeals · 1913
- Campbell v. StateSupreme Court of Alabama · 1901
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Bankhead v. StateAlabama Court of Appeals · 1947
- Whittle v. StateSupreme Court of Alabama · 1921
- Pilcher v. StateAlabama Court of Appeals · 1917
- State v. ButlerSupreme Court of New Jersey · 1960
- Patterson v. StateSupreme Court of Alabama · 1932
15 more not listed; retrieve them via the Exa API.