State v. Absence
Supreme Court of Alabama
On points reserved from the Circuit Court of Dallas county. In this case an indictment was preferred against Wiley Mosely and Elijah Absence, in the following terms: “ The State of Alabama, Dallas county — Circuit Court, Spring Term, 1836. “ The grand jurors for the county aforesaid, upon their oaths present, that Wiley Mosely, late of the county aforesaid, on the twenty-first day of March, A. D. eighteen hundred and thirty-six, with force and arms at-, to-wit, in the county…
Read the full summary
On points reserved from the Circuit Court of Dallas county. In this case an indictment was preferred against Wiley Mosely and Elijah Absence, in the following terms: “ The State of Alabama, Dallas county — Circuit Court, Spring Term, 1836. “ The grand jurors for the county aforesaid, upon their oaths present, that Wiley Mosely, late of the county aforesaid, on the twenty-first day of March, A. D. eighteen hundred and thirty-six, with force and arms at-, to-wit, in the county aforesaid, in and upon one William E. Weaver, in the peace of the State then and there being, the right ear of him the…
1Opinion of the Court
GOLDTHWAITE, I.
—An indictment was found by the grand jury of Dallas County, at the Spring term of the Circuit Court, held in the present year, chargingone Wiley Mosely, as principal in the first degree, and the defendant, as principal in the second degree, in the terms of the statute of eighteen hundred and seven,*'with biting ofí the ear of one Weaver, The plaintiff in error was tried and convicted at the fall term of that Court, held in the year eighteen hundred and thirty-six.
At the trial, the presiding judge was requested to instruct the jury, that in order to convict the defendant, then…
2Cited by7 opinions
- State v. BrileySupreme Court of Alabama · 1839
- State v. McClanahanSupreme Court of Louisiana · 1854
- Burt v. StateSupreme Court of Alabama · 1866
- In re DoolittleU.S. Circuit Court for the District of Eastern Missouri · 1885
- State v. DurbinSupreme Court of Louisiana · 1868
2 more not listed; retrieve them via the Exa API.