Moore v. State
Supreme Court of Alabama
Appeal from Gadsden City Court. Heard before Hon. Alto V. Lee. George Moore was convicted of assault and battery, and he appeals. Appellant was indicted for assault with intent to murder, convicted of assault and 'battery, and fined $250 by the jury. The court added six months’ hard labor as a punishment.
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Appeal from Gadsden City Court. Heard before Hon. Alto V. Lee. George Moore was convicted of assault and battery, and he appeals. Appellant was indicted for assault with intent to murder, convicted of assault and 'battery, and fined $250 by the jury. The court added six months’ hard labor as a punishment. From this judgment the defendant appeals, and assigns as error the action of the court in adding the hard labor sentence, certain objections to evidence, and the refusal to give certain charges. During the examination of John Crittenden, a witness for the state, the solicitor ashed him this…
1Opinion of the CourtDowdell, J.
The defendant was indicted for an assault with intent to murder, and was convicted of an assault and battery.
The objection to the question asked the witness Crittenden was properly overruled. The objection was general, and the evidence called for was not patently irrelevant. — Gunter v. State, 111 Ala. 23, 20 South. 632, 56 Am. St. Rep. 17. Besides, we think the evidence called for by the question was relevant. That the question was leading furnishes no ground for putting the trial court in error in overruling the objection.
There was sufficient evidence upon which to submit the question of…
2Cases cited2 opinions
- Gunter v. StateSupreme Court of Alabama · 1895
- Brown v. StateSupreme Court of Alabama · 1904
3Cited by10 opinions
- Patton v. StateSupreme Court of Alabama · 1916
- Donahoo Horse & Mule Co. v. DurickSupreme Court of Alabama · 1915
- Pearce v. StateAlabama Court of Appeals · 1916
- Terry v. StateAlabama Court of Appeals · 1947
- Carter v. StateAlabama Court of Appeals · 1917
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