Engelhardt v. State
Supreme Court of Alabama
From the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. The defendant in this case, John Engelhardt, was indicted for an assault on W. F. Vandiver, with the intent to murder him; was convicted of an assault and battery, and fined $300. The assault was committed about dark on the evening of September 11th, 1888, on the sidewalk in front of the defendant’s store in the city of Montgomery, where Vandiver was standing with J. Faunce.
Read the full summary
From the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. The defendant in this case, John Engelhardt, was indicted for an assault on W. F. Vandiver, with the intent to murder him; was convicted of an assault and battery, and fined $300. The assault was committed about dark on the evening of September 11th, 1888, on the sidewalk in front of the defendant’s store in the city of Montgomery, where Vandiver was standing with J. Faunce. Vandiver testified, that the defendant passed him a few moments before, and came back, and said to him,- “You have not treated me right;” that…
1Opinion of the CourtSomerville, J.
1. The court, in our opinion, committed no error in charging the jury that, if they believed the evidence, the defendant was guilty of an assault, or assault and battery. There was undoubtedly an attempt, or offer, on the defendant’s part, with force and violence, to do a corporal hurt to the prosecutor — an attempt manifested both by aiming and firing a loaded pistol in the direction of his person, and by raising a stick, within striking distance, as if to strike him, which was prevented by his wrenching the stick from the defendant’s hand. This was clearly an assault, constituting, as it…
2Cases cited11 opinions
- Ford v. StateSupreme Court of Alabama · 1882
- Gunter v. StateSupreme Court of Alabama · 1887
- Cleveland v. StateSupreme Court of Alabama · 1888
- Chapman v. StateSupreme Court of Alabama · 1885
- Adams v. WaggonerIndiana Supreme Court · 1870
6 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Lynch v. CommonwealthSupreme Court of Virginia · 1921
- Bell v. StateAlabama Court of Appeals · 1917
- Heningburg v. StateSupreme Court of Alabama · 1907
- Brooke v. StateSupreme Court of Alabama · 1908
- Whitten v. StateSupreme Court of Alabama · 1896
12 more not listed; retrieve them via the Exa API.