Wray v. State
Alabama Court of Appeals
Appeal from Jefferson Criminal Oonrt. Heard before Hon. M. Frank Cabalan. From a conviction for assault and battery defendant appeals.
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Appeal from Jefferson Criminal Oonrt. Heard before Hon. M. Frank Cabalan. From a conviction for assault and battery defendant appeals. Tbe affidavit as amended omitting the formal charging part is as follows: J. J. Barber, who being duly sworn, says that he has probable cause to believe and does believe that Richard Wray, alias Dick Wray, whose name is otherwise unknown to affiant, within twelve months before making this affidavit, in said county, did unlawfully assault Arlie Barber with a pistol or other weapon, or did unlawfully assault Arlie Barber, or did unlawfully assault and beat Arlie…
1Opinion of the CourtPelham, J.
The amended affidavit charged offenses of equal degree subject to the same punishment, and was not subject to the demurrers interposed. Such offenses may be charged in the alternative.—Code 1907, §§ 6303, 7151; Bonner v. The State, 97 Ala. 47; McClellan v. State, 118 Ala. 122; Sims v. State, 135 Ala. 61.
Under the charge preferred the defendant could be convicted of assault-and battery.—Smith v. State, 123 Ala. 64.
*142It was competent to show what was -done and said by those present during the commission of the assault, both as directly going to- the character of the assault and as part of the…
2Cases cited9 opinions
- Moulton v. StateSupreme Court of Alabama · 1889
- Braham v. StateSupreme Court of Alabama · 1904
- Martin v. StateSupreme Court of Alabama · 1893
- Newman v. StateSupreme Court of Alabama · 1909
- McClellan v. StateSupreme Court of Alabama · 1897
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Butler v. StateAlabama Court of Appeals · 1917
- Doby v. StateAlabama Court of Appeals · 1917
- Pope v. StateCourt of Criminal Appeals of Alabama · 1991
- Latikos v. StateAlabama Court of Appeals · 1920
- Bell v. StateAlabama Court of Appeals · 1920
4 more not listed; retrieve them via the Exa API.