Chestnut v. State
Alabama Court of Appeals
Assault unth Intent to Murder. Appeal from Sbelby County Court. Heard before Hon. E. S. Lyman. Oreóla Chestnut was convicted of assault with intent to murder, and she appeals. The assault is alleged to have been made on Alleen Denson by shooting at her, and the witness Denson was permitted to state that the shot missed her, but hit her daughter.
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Assault unth Intent to Murder. Appeal from Sbelby County Court. Heard before Hon. E. S. Lyman. Oreóla Chestnut was convicted of assault with intent to murder, and she appeals. The assault is alleged to have been made on Alleen Denson by shooting at her, and the witness Denson was permitted to state that the shot missed her, but hit her daughter. Charges refused to the defendant are as follows: (1) “The court charges the jury'that if the state’s witnesses have exhibited prejudice or anger against the defendant, and satisfied you that they have not testified truly, and are not worthy of belief,…
1Opinion of the CourtPelham, J.
The refusal of the court to exclude that part of the answer of the state’s witness Alleen Denson to the effect that, when shooting at the witness, the defendant shot her daughter, was without prejudice to the defendant, as this fact was shown by the testimony of other witnesses without objection, was not denied by the defendant, and was without conflict in the evidence. Besides, there was but one difficulty, and the matter testified to was part of the res gestae. — McCoombs v. State, 151 Ala. 7, 43 South. 965. Charge No. 1 is abstract, in that it includes all the state’s witnesses. —Naugher…
2Cases cited10 opinions
- Amos v. StateSupreme Court of Alabama · 1898
- Lane v. StateSupreme Court of Alabama · 1887
- Phillips v. StateSupreme Court of Alabama · 1909
- Hill v. StateSupreme Court of Alabama · 1908
- Rigsby v. StateSupreme Court of Alabama · 1907
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Stovall v. StateAlabama Court of Appeals · 1949
- Bowen v. StateAlabama Court of Appeals · 1946
- Terry v. StateAlabama Court of Appeals · 1915
- Collins v. StateAlabama Court of Appeals · 1925
- Clark v. StateCourt of Criminal Appeals of Alabama · 1976
7 more not listed; retrieve them via the Exa API.