Horn v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Marengo. Tried before the Hon. James T. Jones. The appellant was indicted and tried for an assault with intent to murder Isaac Rosenberg, and convicted of an assault and battery.
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Appeal from the Circuit Court of Marengo. Tried before the Hon. James T. Jones. The appellant was indicted and tried for an assault with intent to murder Isaac Rosenberg, and convicted of an assault and battery. Upon the trial of the cause, the said Isaac Rosenberg, being introduced as a witness for the State, testified that he kept a store in Faunsdale, Ala., and that before the finding of the indictment, the defendant came to his store a little before dark, and asked the witness for five dollars, and without explaining to the witness what five dollars, or anything about the same,…
1Opinion of the CourtMoCLELLAN, J.
The appellant, Horn, was indicted and tried for assaulting with intent to murder one Isaac Rosenberg, and convicted of an assault and battery upon said Rosenberg. The said Isaac was the first witness examined in the cause. His testimony tended to show that the defendant assaulted and beat him and drew a pistol, whereupon the witness ran, and that while running he heard the report of a pistol and was stricken by a pistol ball, but he did not see a pistol discharged by the defendant or any one else. It was, we think, clearly competent for the prosecution to strengthen the inference afforded by…
2Cases cited10 opinions
- Gassenheimer v. StateSupreme Court of Alabama · 1875
- Hawes v. StateSupreme Court of Alabama · 1889
- Commonwealth v. RobinsonMassachusetts Supreme Judicial Court · 1888
- Ross v. StateSupreme Court of Alabama · 1883
- Ingram v. StateSupreme Court of Alabama · 1864
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Parsons v. StateSupreme Court of Alabama · 1948
- Braham v. StateSupreme Court of Alabama · 1904
- Tooson v. StateCourt of Criminal Appeals of Alabama · 1975
- Mitchell v. StateSupreme Court of Alabama · 1901
- Posey v. United StatesDistrict of Columbia Court of Appeals · 1945
5 more not listed; retrieve them via the Exa API.