Locklear v. State
Alabama Court of Appeals
Appeal from Circuit Court, Etowah County; W. J. Martin, Judge. Fred Locklear was convicted of assault with intent to murder, and he appeals.
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Appeal from Circuit Court, Etowah County; W. J. Martin, Judge. Fred Locklear was convicted of assault with intent to murder, and he appeals. The following are the assignments of error referred to in the opinion: (18) Oral charge of the court: “I think, gentlemen, that I have probably covered this matter, but in the event I did not, and that you may understand what the court desires to say to you, in determining the intent of defendant at the time of the alleged assault, you may consider the character of the wounds, whether or not they were such as to cause serious bodily harm or death, in…
1Opinion of the CourtSameord, J.
[1] The witness Tom San-son was permitted to testify that immediately after the defendant had cut witness and witness had gone out of the storehouse on to the sidewalk, defendant walked out of the storehouse, looked back, and said to the party who had gone there with him, “Come on,” got into an automobile, and drove away. This was so closely connected with the assault as to be a part of the res gestee and, while slight, it tended to show the mental condition of the defendant at the time-of the assault. The objection and motion were properly overruled.
[2, 3] The fact that defendant ,was…
2Cases cited1 opinion
- Ex Parte LocklearSupreme Court of Alabama · 1920
3Cited by10 opinions
- Slaughter v. StateCourt of Criminal Appeals of Alabama · 1981
- Hyche v. StateAlabama Court of Appeals · 1927
- Neal v. StateCourt of Criminal Appeals of Alabama · 1979
- Adams v. StateAlabama Court of Appeals · 1947
- Hayes v. StateAlabama Court of Appeals · 1948
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