Legal Opinion

Raiford v. State

Supreme Court of Alabama

Decided December 15, 1877PublishedCited by 57 opinions

Appeal from the Circuit Court of Lowndes. Tried' before the Hon. JAMES Q,. SMITH. The defendant, and Walter Raiford (who was not tried),, were indicted at the Spring term, 1878, of the Circuit Court of Lowndes county, for an assault with intent to murder Granville Stocks. Neither the defendant nor Walter Raiford knew Stocks, and first met him at the house of a common acquaintance on the night of the difficulty.

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Appeal from the Circuit Court of Lowndes. Tried' before the Hon. JAMES Q,. SMITH. The defendant, and Walter Raiford (who was not tried),, were indicted at the Spring term, 1878, of the Circuit Court of Lowndes county, for an assault with intent to murder Granville Stocks. Neither the defendant nor Walter Raiford knew Stocks, and first met him at the house of a common acquaintance on the night of the difficulty. Some time after their arrival at the house, where a large number of' persons had assembled, Granville Stocks entered, and a quarrel arose between him and Walter Raiford, in which…

1Opinion of the CourtStone, J.

— Our statute has abolished the distinction between the principals in the first and second degree, and between either of these and accessories before the fact, so far as that distinction prevailed at common law in cases of felony. Code of 1876, §4802. “And all persons concerned in the commission of a felony, Avhether they directly commit the act constituting the offence, or aid or abet in its commission, though not present, must (as in the case of misdemeanor) be indicted, tried and punished as principals.” — Scott v. The State, 30 Ala. 503. In Wharton’s American Criminal Law, section 118, it…

2Cases cited1 opinion

  1. Scott v. StateSupreme Court of Alabama · 1857

3Cited by57 opinions

  1. Thomas v. StateCourt of Criminal Appeals of Alabama · 1978
  2. Jones v. StateSupreme Court of Alabama · 1911
  3. Morris v. StateSupreme Court of Alabama · 1906
  4. Arthur v. StateCourt of Criminal Appeals of Alabama · 1996
  5. State ex rel. Attorney General v. TallySupreme Court of Alabama · 1893

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