Wilson v. State
Alabama Court of Appeals
Assault and Battery. Appeal from Pike County Law Court, Heard before Hon. T. L. Borum. Tom Wilson was convicted of assault and battery, and he appeals. The following are the charges referred to:; “(1) The burden is- upon the state to prove the charge it makes against the plaintiff; so, in this case, the state charges that defendant assaulted and beat Bob Harvey with a knife.
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Assault and Battery. Appeal from Pike County Law Court, Heard before Hon. T. L. Borum. Tom Wilson was convicted of assault and battery, and he appeals. The following are the charges referred to:; “(1) The burden is- upon the state to prove the charge it makes against the plaintiff; so, in this case, the state charges that defendant assaulted and beat Bob Harvey with a knife. It is therefore the duty of the state to prove to your satisfaction, and beyond a reasonable doubt, that the defendant did assault and beat Bob Harvey, with a knife, and, if tbe state bas failed to do this, yon should…
1Opinion of the CourtThomas, J.
Where an indictment or warrant charges an assault and battery loith a knife, the evidence, in order to sustain a conviction, must show that the offense was committed with a knife or other instrument falling within its class. — Walker v. State, 73 Ala. 18; Huckabee v. State, 159 Ala. 49, 48 South. 796; Crenshaw v. State, 153 Ala. 7, 8, 45 South. 631. This is true because the indictment or warrant, in such case, with unnecessary particularity describes the offense, thereby making the means by which it was committed material and narrowing the field of proof to an assault and battery committed by…
2Cases cited3 opinions
- Huckabee v. StateSupreme Court of Alabama · 1909
- Crenshaw v. StateSupreme Court of Alabama · 1908
- Reese v. StateSupreme Court of Alabama · 1882
3Cited by5 opinions
- Corcoran v. StateAlabama Court of Appeals · 1921
- State v. MyersWest Virginia Supreme Court · 1937
- People v. AlexanderNew York Supreme Court · 1964
- People v. GalarzaSupreme Court of Puerto Rico · 1916
- Pueblo v. GalarzaSupreme Court of Puerto Rico · 1916