Little v. State
Supreme Court of Alabama
Erom the Circuit Court of Butler. Tried before the Hon. John P. Hubbard. This prosecution was commenced by an affidavit made by Stuart Harris, on tbe 29th August, 1889, before the judge of the County Court, charging that “Henry Little assaulted and beat affiant with an axe, on the 27th day of August, 1889.” A warrant was thereupon issued for the arrest of the defendant, “ to answer the State of Alabama of a charge of assault and battery with an axe, committed in said county…
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Erom the Circuit Court of Butler. Tried before the Hon. John P. Hubbard. This prosecution was commenced by an affidavit made by Stuart Harris, on tbe 29th August, 1889, before the judge of the County Court, charging that “Henry Little assaulted and beat affiant with an axe, on the 27th day of August, 1889.” A warrant was thereupon issued for the arrest of the defendant, “ to answer the State of Alabama of a charge of assault and battery with an axe, committed in said county within the past twelve months.” On appeal to the Circuit Court, the solicitor filed a complaint, or statement, as…
1Opinion of the CourtMcCLELLAN, J.
There was no merit in the defendant’s motion to strike the statement of the cause of complaint filed by the solicitor, from the file. The statute prescribing the form of the complaint (Code, § 4231) was strictly complied with; and the statement filed involved no variance from, or repugnancy to the cause of complaint as set forth in the affidavit, upon which defendant was tried in the County Court.
2. The definition of a reasonable doubt, which authorizes and requires an acquittal, given in the charge requested by the State, is in harmony with the rule on that subject which is fully established…
2Cases cited6 opinions
- Perry v. StateSupreme Court of Alabama · 1888
- Coleman v. StateSupreme Court of Alabama · 1877
- Blackburn v. StateSupreme Court of Alabama · 1888
- Farrish v. StateSupreme Court of Alabama · 1879
- Kidd v. StateSupreme Court of Alabama · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Bluett v. StateSupreme Court of Alabama · 1907
- Ex Parte McGriffSupreme Court of Alabama · 2005
- Sharifi v. StateCourt of Criminal Appeals of Alabama · 2008
- Shepperd v. StateSupreme Court of Alabama · 1891
- Jones v. StateSupreme Court of Alabama · 1893
4 more not listed; retrieve them via the Exa API.