Malchow v. State
Alabama Court of Appeals
Appeal from Cullman County Court. Heard before Hon. R. I. Burke. Ernest Malchow was convicted of assault and battery, and appeals. The following was the charge refused to the defendant : “The court charges the jury that, if old man Malchow rented the place known as the old Malchow place to the defendant for the year 1910, he could not abrogate that' contract by a subsequent disposition of the property to a third party.”
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Appeal from Cullman County Court. Heard before Hon. R. I. Burke. Ernest Malchow was convicted of assault and battery, and appeals. The following was the charge refused to the defendant : “The court charges the jury that, if old man Malchow rented the place known as the old Malchow place to the defendant for the year 1910, he could not abrogate that' contract by a subsequent disposition of the property to a third party.” The' following is the charge given for the state: “I charge you, gentlemen of the jury, in whatever form the question of reasonable doubt may be couched, and however it may be…
1Opinion of the Court
WALKER, P. J. —
In view of the rulings of the Supreme Court in the cases of State ex rel. Vandiver v. Burke, 175 Ala., 57 South. 870, and Cooke, County Treasurer, v. Burke, 58 South. 984, it is. plain that the contentions of the appellant in reference to the legal existence and jurisdiction of the county court of Cullman cannot be sustained.
The state offered evidence tending to prove that the defendant assaulted one Fred Schafer on the occasion of the latter’s going to the residence on a place adjoining his OAvn. It was not improper to permit the prosecution to offer evidence tending to prove…
2Cases cited6 opinions
- Maddox v. StateSupreme Court of Alabama · 1909
- Birmingham Railway, Light & Power Co. v. BushSupreme Court of Alabama · 1911
- Bonner v. StateSupreme Court of Alabama · 1894
- Cook v. BurkeSupreme Court of Alabama · 1912
- Harris v. StateSupreme Court of Alabama · 1898
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3Cited by3 opinions
- Cox v. StateAlabama Court of Appeals · 1932
- Brooks v. StateAlabama Court of Appeals · 1913
- Brown v. StateAlabama Court of Appeals · 1917