Elmore v. State
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. W. S. ThoriNgtoN. The appellant was indicted, tried and convicted under an indictment charging him with assault with intent t.0 murder one Robert Comer, and sentenced to the penitentiary for two years.
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Appeal from the City Court of Montgomery. Tried before the Hon. W. S. ThoriNgtoN. The appellant was indicted, tried and convicted under an indictment charging him with assault with intent t.0 murder one Robert Comer, and sentenced to the penitentiary for two years. On the trial of the cause, as is shown by the bill of exceptions, the State introduced as a witness, Robert Comer, the person upon whom the assault was alleged to have been committed, who testified that on the day the difficulty occurred. he, with Ike Thornton, one Charlie Bell and other persons, was in a store owned by one Walker;…
1Opinion of the CourtHaralson, J.
The assault made on Robert Comer in which it is alleged defendant participated and is guilty, emanated from a difficulty immediately preceding, between other parties, in which one of them, Charlie Bell, was stabbed by the other, Ike Thornton, the said Comer and others being present. The defendant manifested sympathy for Bell and encouraged him, as is alleged and as the evidence tends to show, to shoot Thornton and said Comer, the latter difficulty following within a few minutes after the first. An account of this first difficulty between Thornton and Bell was allowed to go in evidence,…
2Cases cited3 opinions
- Martin v. StateSupreme Court of Alabama · 1889
- Tanner v. StateSupreme Court of Alabama · 1890
- Jolly v. StateSupreme Court of Alabama · 1891
3Cited by10 opinions
- Morris v. StateSupreme Court of Alabama · 1906
- Hill v. StateSupreme Court of Alabama · 1923
- Brindley v. StateSupreme Court of Alabama · 1915
- Minor v. StateAlabama Court of Appeals · 1917
- Sexton v. StateAlabama Court of Appeals · 1937
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