Harris v. State
Supreme Court of Alabama
Appeal from the County Court of Bibb. Tried before the Hon. William L. Pratt. The appellant, Minnie Harris, Avas prosecuted and convicted under a complaint charging her with an assault and battery upon Rachel Duff, Rachel Duff, a Avitness for the State, testified that within tAvelve months before the making of the affidavit in this case, she had a difficulty Avith the defendant in Bibb county; that Avliile she Avas at a well getting water, the defendant, with other people,…
Read the full summary
Appeal from the County Court of Bibb. Tried before the Hon. William L. Pratt. The appellant, Minnie Harris, Avas prosecuted and convicted under a complaint charging her with an assault and battery upon Rachel Duff, Rachel Duff, a Avitness for the State, testified that within tAvelve months before the making of the affidavit in this case, she had a difficulty Avith the defendant in Bibb county; that Avliile she Avas at a well getting water, the defendant, with other people, Avas passing by the well ■ on the opposite side of a fence in the defendant’s field; that she spoke to the defendant and…
1Opinion of the CourtTyson, J.
There was no error in allowing the prosecuting witness to testify to her physical condition at the *72time of the alleged assault and .battery by the defendant upon her.
Charges 1 and 2 refused to the defendant do not negative the willingness of the defendant to enter into the fight. She may not have done anything to have brought about the difficulty, and yet she would be guilty of an assault and battery if she struck the prosecuting witness in a mutual combat, or if she struck a blow after the necessity to strike had passed.—Howell v. The State, 79 Ala. 284.
Charge 3 requested by the defendant…
2Cited by14 opinions
- Freeman v. BlountSupreme Court of Alabama · 1911
- Mutual Life Ins. Co. v. MaddoxSupreme Court of Alabama · 1930
- Brown v. StateAlabama Court of Appeals · 1946
- Fowler v. StateSupreme Court of Alabama · 1908
- Mitchell v. StateSupreme Court of Alabama · 1900
9 more not listed; retrieve them via the Exa API.