Legal Opinion

Tarver v. State

Supreme Court of Alabama

Decided June 15, 1869PublishedCited by 36 opinions

Appeal from the Circuit Court of Barbour. Tried before tbe Hon. J, McCaleb Wiley. At tbe spring term, of tbe circuit court of Barbour county, in the year 1869, tbe appellant was indicted and convicted of an assault with intent to murder one William Russell, and fined four hundred and fifty dollars.

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Appeal from the Circuit Court of Barbour. Tried before tbe Hon. J, McCaleb Wiley. At tbe spring term, of tbe circuit court of Barbour county, in the year 1869, tbe appellant was indicted and convicted of an assault with intent to murder one William Russell, and fined four hundred and fifty dollars. It appeared, in evidence on the trial, that tbe assault charged, if committed at all, was for presenting and attempting to shoot said Russell with a pistol, in tbe town of Clayton, in said county, in tbe fall of 1867. Tbe evidence was conflicting, whether tbe pistol was, or not, in fact, presented.…

1Opinion of the Court

PECK, C. J.,

(after stating facts as above.) — 1. It was competent for the State to prove the fact of the previous difficulty, although not necessary, for the purposes stated in this case ; that is, to prove malice on the part of the accused, as an$[ old grudge and threats were admitted by him. But the State should not have been permitted to prove the circumstances of the former difficulty. '

The circumstances of said former difficulty consisted not only of what was said and done by the accused, but also of what was said and done, on the occasion, by the witness.

What the witness, said and did,…

2Cited by36 opinions

  1. Bryant v. StateCourt of Criminal Appeals of Alabama · 1972
  2. Chapman v. StateSupreme Court of Alabama · 1885
  3. McArdle v. StateCourt of Criminal Appeals of Alabama · 1979
  4. McNamara v. PeopleSupreme Court of Colorado · 1897
  5. McGee v. StateAlabama Court of Appeals · 1912

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