Collins v. State
Alabama Court of Appeals
Appeal from Clay County Court. ITearcl before Hon. E. J. Garrison. Irby Collins was convicted of assault with intent to murder, and he appeals. Most of the facts appear in the opinion of the court.
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Appeal from Clay County Court. ITearcl before Hon. E. J. Garrison. Irby Collins was convicted of assault with intent to murder, and he appeals. Most of the facts appear in the opinion of the court. The question asked the witness Baker on his recall was: “Is it not a fact that you were run out of the community where Hawkins and Collins lived, and where you did live, for lying about a young lady?” The following charges were refused to the defendant: (9) “The court charges the jury that you cannot convict the defendant, unless you believe from the evidence beyond all reasonable doubt that the…
1Opinion of the CourtPelham, J.
The indictment charged the defendant ivith an assault on one Jim Hawkins with intent to murder, the jury found the defendant guilty, and the court imposed a punishment of five years’ imprisonment in the penitentiary. From the judgment of conviction, this appeal is prosecuted by the defendant.
A plea in abatement Avas filed to the indictment, setting up (1) that a brotlier-in-la.AV of the party alleged to have been assaulted Avas a participating member of the grand jury that found and returned the indictment against the defendant; and (2) that the caption and indictment sIioavs on its face that…
2Cases cited9 opinions
- Williams v. StateSupreme Court of Alabama · 1906
- Walker v. StateSupreme Court of Alabama · 1903
- Smith v. StateSupreme Court of Alabama · 1900
- Gater v. StateSupreme Court of Alabama · 1904
- Overton v. StateSupreme Court of Alabama · 1877
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Bartram v. StateCourt of Special Appeals of Maryland · 1976
- Rector v. StateAlabama Court of Appeals · 1914
- Bartram v. StateCourt of Appeals of Maryland · 1977
- Sims v. CallahanSupreme Court of Alabama · 1959
- Swain v. StateAlabama Court of Appeals · 1913
10 more not listed; retrieve them via the Exa API.