Deal v. State
Supreme Court of Alabama
Appeal from the •Circuit Court of Henry. Tried before the Hon. John P. Hubbard. Henry Deal was indicted, jointly with two others, • for assault with intent to murder one Hatcher. He demanded a severance, and on his trial was convicted. The errors arising on the introduction of the evidence Sufficiently appear from the opinion.
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Appeal from the •Circuit Court of Henry. Tried before the Hon. John P. Hubbard. Henry Deal was indicted, jointly with two others, • for assault with intent to murder one Hatcher. He demanded a severance, and on his trial was convicted. The errors arising on the introduction of the evidence Sufficiently appear from the opinion. The court gave, at the request of the state, the following special written charges, viz: (1.) “The court charges the jury that if they believe from the evidence in this case beyond a reasonable doubt that the defendant on the first day of Eebruary, 1902, assaulted…
1Opinion of the CourtSharpe, J.
Defendant was tried separately on an indictment charging him, and Keahey, and Harman jointly, avItli an assault with intent to murder Hatcher. Evidence for the State tended to show that the three so indicted approached to where Hatcher stood and at the same time attacked him with knives and that defendant cut Hatcher’s neck and each of the others cut his clothes.
For the defense there was evidence tending to show that on the same afternoon hut before the parties met in the cutting affray, Hatcher had cursed defendant and had pursued him with a drawn knife, that shortly thereafter as defendant…
2Cases cited2 opinions
- DeArman v. StateSupreme Court of Alabama · 1882
- Home Protection v. WhiddenSupreme Court of Alabama · 1893
3Cited by15 opinions
- Bluett v. StateSupreme Court of Alabama · 1907
- Bankhead v. StateAlabama Court of Appeals · 1947
- Shelton v. StateSupreme Court of Alabama · 1905
- Brown v. StateAlabama Court of Appeals · 1946
- Moore v. StateAlabama Court of Appeals · 1915
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