Spicer v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Baldwin. Tried before the Hon. James T. Jones. The appellant was indicted, tried and convicted for an assault and battery with a stick or switch upon Polly Ann Spicer and Aurelia Spicer.
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Appeal from the Circuit Court of Baldwin. Tried before the Hon. James T. Jones. The appellant was indicted, tried and convicted for an assault and battery with a stick or switch upon Polly Ann Spicer and Aurelia Spicer. Polly Ann Spicer being introduced as a witness for the State testified that she was the wife of the defendant, and that within 12 months before the finding of the indictment in this case, the defendant committed an assault and battery upon hér and her baby, .Aurelia Spicer, leaving wounds and bruises upon the body of both of them. Two other witnesses were introduced, whose…
1Opinion of the Court
COLEMAN, J
The defendant was indicted for. an *126assault with a stick or switch. On the trial the jury returned a verdict as follows : “"We the jury find the defendant guilty,” and upon this verdict the court “adjudged that the defendant pay a fine of fifty dollars and cost,” and sentenced the defendant to hard labor to pay said fine imposed by the court, and imposed an additional term of hard labor for three months.
The statute is specific, that the jury “shall fix and determine the amount of the fine.” — Cr. Code, § 4499. It is also provided that when an offense may be punished, in addition to a…
2Cases cited5 opinions
- Rhea v. StateSupreme Court of Alabama · 1893
- Melton v. StateSupreme Court of Alabama · 1871
- Nelson v. StateSupreme Court of Alabama · 1871
- Prior v. StateSupreme Court of Alabama · 1892
- Paul v. StateSupreme Court of Alabama · 1893
3Cited by11 opinions
- Nickels v. StateSupreme Court of Florida · 1925
- Carpenter v. StateCourt of Criminal Appeals of Alabama · 1973
- Winn v. StateAlabama Court of Appeals · 1954
- Harkey v. StateAlabama Court of Appeals · 1915
- Melvin v. StateAlabama Court of Appeals · 1944
6 more not listed; retrieve them via the Exa API.