Parish v. State
Supreme Court of Alabama
Appeal from the 'Circuit Court of Marengo. Tried before the Hon. John C. Andeeson. The indictment under which the appellant in this case was tried contained two counts. The first count was as follows: “The gTand jury of said county charge that before the finding of this indictment, Bob Parish, alias Bobb Otts, assaulted one Lulu Thomas wih a paling or with a piece of wood.”
Read the full summary
Appeal from the 'Circuit Court of Marengo. Tried before the Hon. John C. Andeeson. The indictment under which the appellant in this case was tried contained two counts. The first count was as follows: “The gTand jury of said county charge that before the finding of this indictment, Bob Parish, alias Bobb Otts, assaulted one Lulu Thomas wih a paling or with a piece of wood.” The second count charged that “Bob Parisli alias Bob Otts, did knowingly and willfully oppose or resist Josiah Williams, a constable in and for said county, in attempting to serve or execute a warrant of arrest issued by…
1Opinion of the CourtTyson, J.
The warrant expressly directed Josiah Williams to execute it. The justice issuing it is invested by statute with authority to appoint him in certain specified contingencies and he is the exclusive judge of their existence.—Code, § 978; Floyd v. The State, 79 Ala. 39; Noles v. The State, 24 Ala. 672. His official act in attempting to arrest the defendant, as he was commanded to do, was just as valid for all purposes as *95would have been the act of the regularly elected 'constable of the beat had he attempted the execution of the warrant.—Floyd v. The State, supra; Cary v. The State, 76 Ala. 78;…
2Cases cited7 opinions
- Noles v. StateSupreme Court of Alabama · 1854
- Cary v. StateSupreme Court of Alabama · 1884
- Heath v. StateSupreme Court of Alabama · 1860
- Spear v. StateSupreme Court of Alabama · 1898
- Farrish v. StateSupreme Court of Alabama · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Carpenter v. WalkerSupreme Court of Alabama · 1910
- Pickett v. RichardsonSupreme Court of Alabama · 1931
- People v. KramerMichigan Supreme Court · 1923
- Stewart v. StateAlabama Court of Appeals · 1923