Legal Opinion

Bush v. State

Supreme Court of Alabama

Decided November 15, 1902PublishedCited by 14 opinions

Appeal from the City Court of Gadsden. Tried before the Hon. John H. Disque. Tbe appellant in this case, John Bush, was indicted, triet and convicted for an assault with intent to murder one Joe Gross. The facts of the case are sufficiently stated in the opinion.

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Appeal from the City Court of Gadsden. Tried before the Hon. John H. Disque. Tbe appellant in this case, John Bush, was indicted, triet and convicted for an assault with intent to murder one Joe Gross. The facts of the case are sufficiently stated in the opinion. Upon the introduction of all the evidence the defendant requested the court to give to the jury the following written charges, and separately excepted to the court’s refusal to give each of them as asked: (1.) “The court charges the jury that malice is an essential ingredient of murder, and if the jury are not satisfied beyond a…

1Opinion of the CourtDowdell, J.

The defendant was tried and convicted on an indictment for an assault with intent to murder. On the trial the State introduced as a witness one Henry Miller, who testified as follows: “I had a conversation with defendant on the next day after Joe Gross wag shot, it Avas at church, I had been to Joe Gross’, and then went to church where I saw defendant, and Avent to him and said to him, why did you shoot Uncle Joe?” Here the bill of exceptions recites, “the defendant interposed an objection on the ground that the proper predicate had not been laid;” meaning by this. Are suppose, the…

2Cases cited9 opinions

  1. Levison v. StateSupreme Court of Alabama · 1875
  2. Stone v. StateSupreme Court of Alabama · 1894
  3. Ogletree v. StateSupreme Court of Alabama · 1856
  4. Simpson v. StateSupreme Court of Alabama · 1877
  5. King v. StateSupreme Court of Alabama · 1867

4 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Morris v. StateSupreme Court of Alabama · 1906
  2. Sharp v. StateSupreme Court of Alabama · 1915
  3. Brown v. StateSupreme Court of Alabama · 1904
  4. Tillison v. StateSupreme Court of Alabama · 1946
  5. Heningburg v. StateSupreme Court of Alabama · 1907

9 more not listed; retrieve them via the Exa API.

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