Ezzell v. State
Alabama Court of Appeals
Assault and Battery. Appeal from Franklin Circuit Court. Heard before Hon. C. P. Almon. Oce Ezzell was convicted'of assault and battery, and he appeals. The following charges were refused to defendant: “(3) Under the undisputed evidence in this case Ezzell was not guilty of any offense which authorized his arrest.
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Assault and Battery. Appeal from Franklin Circuit Court. Heard before Hon. C. P. Almon. Oce Ezzell was convicted'of assault and battery, and he appeals. The following charges were refused to defendant: “(3) Under the undisputed evidence in this case Ezzell was not guilty of any offense which authorized his arrest. “(4) If -Barrett was undertaking to arrest Ezzell at the time of the shooting, then under the evidence in this case, Ezzell was under no legal duty to submit himself to arrest at the hands of Barrett.” The other charges mentioned are covered by given charges.
1Opinion of the Court
THOMAS, J.(1) For a person to be guilty of an assault with intent to murder, the offense here charged, the assault must have been committed under such circumsances that, if death had resulted, the offense would have been murder (Code, § 6309, and cases cited); if it would have been manslaughter, then the person is guilty of only assault and battery, and if it would have been justifiable homicide, he would be guilty of nothing. So that, in determining the degree of a defendant’s guilt who is charged with an assault with intent to murder — that is, as to whether he is guilty of that or of a…
2Cases cited24 opinions
- Storey v. StateSupreme Court of Alabama · 1882
- Eiland v. StateSupreme Court of Alabama · 1875
- Brown v. StateSupreme Court of Alabama · 1895
- Gafford v. StateSupreme Court of Alabama · 1898
- Adams v. StateSupreme Court of Alabama · 1912
19 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Duncan v. StateSupreme Court of Alabama · 1965
- Gibson v. StateSupreme Court of Alabama · 1915
- Golden v. StateAlabama Court of Appeals · 1958
- Richardson v. StateSupreme Court of Alabama · 1920
- Baker v. StateCourt of Criminal Appeals of Alabama · 1977
16 more not listed; retrieve them via the Exa API.