Bonner v. State
Supreme Court of Alabama
Appeal from Choctaw Circuit Court. Tried before Hon. William: E. Clark. insisted that the charge of the court was abstract, citing Lehman v. Warren, 53 Ala. 538 ; Henderson v. State, 49 Ala. 20. That there was a variance, Johnson v. State, 35 Ala. 363 ; Walker v. State, 73 Ala. 17; That one may reclaim his goods, Com. v. McCue, 16 Gray, 226 ; State v. Elliott, 11 N. H. 540; Overdeer v. Leivis, 1 Watts & S. 90.
1Opinion of the CourtMcCLELLAN, J.
— The indictment in this case contains two counts : One for an assault with a knife, the other for simple assault, against the person of T. Jeff Harrison. The evidence tended to show that the alleged assault was committed by the defendant in removing a-bale of cotton which belonged to him from Harrison’s gin, which removal the latter was attempting to prevent by sitting on the bale and otherwise interposing his person between the cotton and defendant’s wagon toward which defendant and his sons were rolling it. The bale' was turned over while Harrison was upon it, throwing him off, and…
2Cited by3 opinions
- Wray v. StateAlabama Court of Appeals · 1911
- Kelley v. StateCourt of Criminal Appeals of Alabama · 1978
- Wright v. City of AnnistonSupreme Court of Alabama · 1907