Crenshaw v. State
Supreme Court of Alabama
Appeal from the Walker Law and Equity Court. Heard before Hon. William B. Bankhead, Special Judge. General Crenshaw was convicted under an indictment charging assault and battery with a weapon, and assault with a weapon, and he appeals. Reversed and remanded. The character of the charge and the facts relating thereto are sufficiently stated in the opinion of the court.
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Appeal from the Walker Law and Equity Court. Heard before Hon. William B. Bankhead, Special Judge. General Crenshaw was convicted under an indictment charging assault and battery with a weapon, and assault with a weapon, and he appeals. Reversed and remanded. The character of the charge and the facts relating thereto are sufficiently stated in the opinion of the court. In his oral charge to the jury the court said: “There are but two things for you to consider, and that is if there was an assault, and if there was an intent.” And, further charging the jury, the court said: “If the defendant…
1Opinion of the CourtSimpson, J.
— The appellant was convicted under an indictment charging, first, that he “assaulted and heat Lula Crenshaw with a weapon, to wit, a gun or pistol”; and, second, that he “assaulted Lula Crenshaw with a weapon, to wit, a gun or pistol.” The testimony of Lula Crenshaw was that she and the defendant were standing, facing each other, in a friendly conversation, when a pistol or gun was fired, the ball entering her leg between the knee and thigh, ranging downward, coming out on the other side, and striking the floor near her feet. She did not see the pistol. No one else was present. The defendant…
2Cases cited2 opinions
- Fitzgerald v. StateSupreme Court of Alabama · 1895
- Walker v. StateSupreme Court of Alabama · 1882
3Cited by10 opinions
- Bell v. StateSupreme Court of Alabama · 1933
- Hunt v. StateCourt of Criminal Appeals of Alabama · 1994
- Galloway v. StateCourt of Criminal Appeals of Alabama · 1986
- Hagood v. StateCourt of Criminal Appeals of Alabama · 1998
- Corcoran v. StateAlabama Court of Appeals · 1921
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