Smith v. State
Alabama Court of Appeals
Appeal from Butler Circuit Court. Heard before Hon. A. E. Gamble. Pete Smith was indicted for robbery, convicted of assault with intent to rob, and he appeals. The following charges were refused to defendant: (1) Defendant cannot he convicted of assault and battery if you believe the evidence. (2) Defendant cannot be convicted of an assault with intent to rob, if you believe the evidence.
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Appeal from Butler Circuit Court. Heard before Hon. A. E. Gamble. Pete Smith was indicted for robbery, convicted of assault with intent to rob, and he appeals. The following charges were refused to defendant: (1) Defendant cannot he convicted of assault and battery if you believe the evidence. (2) Defendant cannot be convicted of an assault with intent to rob, if you believe the evidence. (3) If, from the evidence, you are reasonably satisfied that Claude Moorer is the person who took the money from Jesse Frank, and the defendant did not aid or abet him in the taking, you should acquit…
1Opinion of the CourtWalker, P. J.
The testimony of Arthur Boykin tended to prove that the defendant did not take anything from the person of Jesse Frank, the alleged victim of the robbery charged. But the testimony of this witness, as well as other testimony in the case, had a tendency to prove that the shooting of Frank by the defendant was a result of or accompanied with an intent on the part of the latter forcibly to take from the former’s person money just previously won by him in a crap game in which the two had been engaged. In other words, there was evidence tending to prove that the defendant assaulted Frank with…
2Cases cited4 opinions
- Burton v. StateSupreme Court of Alabama · 1896
- Jackson v. StateSupreme Court of Alabama · 1911
- Rambo v. StateSupreme Court of Alabama · 1901
- Kinnebrew v. StateSupreme Court of Alabama · 1902
3Cited by8 opinions
- Ross v. StateAlabama Court of Appeals · 1918
- Love v. StateAlabama Court of Appeals · 1917
- Autrey v. StateAlabama Court of Appeals · 1917
- Harris v. StateAlabama Court of Appeals · 1969
- Knight v. StateAlabama Court of Appeals · 1939
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