Carwile v. State
Supreme Court of Alabama
From the Cii’cuit Court of Autauga. Tried before the Hon. Porter King. The prisoner in this case, Zachariah Carwile, was indicted, jointly with one McGlawn, for an aflray ; but was tried separately, and pleaded not guilty.
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From the Cii’cuit Court of Autauga. Tried before the Hon. Porter King. The prisoner in this case, Zachariah Carwile, was indicted, jointly with one McGlawn, for an aflray ; but was tried separately, and pleaded not guilty. “ On the trial, the State introduced a witness who testified, that within twelve months before the finding of the indictment, he saw the prisoner and one McGlawn in his horse-lot, which was a private lot, and enclosed with a fence; that some one had hold of the prisoner, and McGlawn was walking towards him, with a drawn knife in his hand, saying something which he (witness)…
1Opinion of the CourtA. J. Walker, C. J.
The single question of this case is, whether a place within an enclosed lot, ninety feet from a street in the town of Kingston, in Autauga county, and which could be seen from the street, is a public place, according to the import of the phrase in the common-law definition of an affray. We judicially know that Kingston is the county-seat of Autauga county. The streets of a town are dedicated to the public use; the public have a right to pass over them, and they are highways, (Case of the Road from Fitzwater street, 4 S. & R. 106;) and in some forms of indictments for affrays, a street is…
2Cited by11 opinions
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- In Re MaySupreme Court of North Carolina · 2003
- Nottingham v. StateCourt of Special Appeals of Maryland · 2016
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