Ellis v. State
Supreme Court of Alabama
Appeal from the Criminal Court of Jefferson. Tried before the Hon. Samuel E. Greene. The appellant was indicted and convicted for an assault with intent to murder one W. R. Kingsmore, and sentenced to the penitentiary for ten years. The evidence for the State tended to show that the assault upon Kingsmore by the defendant was unprovoked, and that the defendant shot him two or three times.
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Appeal from the Criminal Court of Jefferson. Tried before the Hon. Samuel E. Greene. The appellant was indicted and convicted for an assault with intent to murder one W. R. Kingsmore, and sentenced to the penitentiary for ten years. The evidence for the State tended to show that the assault upon Kingsmore by the defendant was unprovoked, and that the defendant shot him two or three times. The evidence for the defendant tend to show that at the time of the shooting, Kingsmore was advancing upon him with a knife, and that he, the defendant, shot him in self-defense. The rulings of the trial…
1Opinion of the CourtColeman, J.
The defendant was convicted of a felonious assault and sentenced to the penitentiary. The State having proven that the defendant fired three separate shots at the party assaulted, the defendant moved the court to require the State to elect for which of the shots it would prosecute. The evidence tended to show that the three shots followed each other in instantaneous succession. The facts did not present a case for an election. As was said in the case of Busby v. The State, 77 Ala. 66, the last “might justly be regarded as but a continuation of the assault and done under the impulse of the…
2Cases cited7 opinions
- Steiner Bros. v. TranumSupreme Court of Alabama · 1893
- Ball v. Farley, Spear & Co.Supreme Court of Alabama · 1886
- Whizenant v. StateSupreme Court of Alabama · 1882
- McDaniel v. StateSupreme Court of Alabama · 1892
- McCalman v. StateSupreme Court of Alabama · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- McGuff v. StateSupreme Court of Alabama · 1946
- Sharp v. StateSupreme Court of Alabama · 1915
- Montgomery v. StateAlabama Court of Appeals · 1920
- West Pratt Coal Co. v. AndrewsSupreme Court of Alabama · 1901
- Dempsey v. StateAlabama Court of Appeals · 1916
9 more not listed; retrieve them via the Exa API.