Danzey v. State
Supreme Court of Alabama
Appeal from Henry Circuit Court. Tried before Hon. H. D. Clayton. Dennis Danzey and others, the' appellants, were indicted for an assault with intent to murder. As shown by the judgment entry, they were first tried on the plea of not guilty “of an assault with intent to murder,” and the jury returned a verdict finding them “not guilty of an assault with intent to murder.”
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Appeal from Henry Circuit Court. Tried before Hon. H. D. Clayton. Dennis Danzey and others, the' appellants, were indicted for an assault with intent to murder. As shown by the judgment entry, they were first tried on the plea of not guilty “of an assault with intent to murder,” and the jury returned a verdict finding them “not guilty of an assault with intent to murder.” Thereupon they “pleaded the further plea of former conviction,” which issue was tried, and they were convicted of an assault and battery. The bill of exceptions recites that “the evidence showed that the defendants were not…
1Opinion of the Court
BRICKELL, 0. J.
The appellants were indicted for an assault with intent to murder. . On the trial it appeared, they were not guilty of that offence, but were guilty of an assault and battery, in which they used a stick and pistol. It was shown, that for the identical assault and battery, they had been convicted before a justice of the peace of the county, sentenced to pay a fine, and had paid it, before the finding of the present indictment. On this judgment of conviction the appellants relied as a bar to the present prosecution. The Circuit Court was of opinion, and so instructed the jury,…
2Cited by6 opinions
- Lee v. StateSupreme Court of Alabama · 1904
- Cook v. StateSupreme Court of Alabama · 1895
- Pharr v. WhittleSupreme Court of Alabama · 1939
- Key v. StateAlabama Court of Appeals · 1969
- Palmer v. StateCourt of Criminal Appeals of Alabama · 1975
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