Stewart v. State
Supreme Court of Alabama
Errob to the Circuit Court of Dallas. Tried before tbe Hon. Nat. Cook. John Stewart, George M. Gordon, and John Gordon, were indicted (under the Code) for an assault with intent to murder committed on one Nathaniel J. -Lilly.
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Errob to the Circuit Court of Dallas. Tried before tbe Hon. Nat. Cook. John Stewart, George M. Gordon, and John Gordon, were indicted (under the Code) for an assault with intent to murder committed on one Nathaniel J. -Lilly. The defendant Stewart being on -trial alone, “ the State was permitted to prove what George Gordon said to Mrs.,'Lilly (wife of the prosecutor) and one Mrs. Roscoe, during the time the offence charged is alleged to have been committed; said Gordon being indicted with defendant, and the proof showing Mm a particeps criminis with defendant, and defendant being present at…
1Opinion of the CourtChilton, C. J.
— There is no pretence that the appellant Stewart had any connection ivhatever with the writing of the letter by Gordon to Lilly, which was read in evidence against *47him, — no evidence that be was cognizant of it, or acted in concert with Gordon, or in anywise even partook of the ill-feeling which is evinced by the letter as existing between Gordon and Lilly at the time the letter was sent. Neither does it appear that, at the time when the offence was committed by Gordon, and in which the prisoner participated, anything occurred which could connect the prisoner with this letter by relation.…
2Cited by7 opinions
- Daniels v. StateCourt of Appeals of Georgia · 1938
- Scott v. StateSupreme Court of Alabama · 1857
- Mason & Franklin v. StateSupreme Court of Alabama · 1868
- Martin v. StateSupreme Court of Alabama · 1856
- Browning v. StateMississippi Supreme Court · 1872
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