Knox v. State
Alabama Court of Appeals
Appeal from Circuit Court, Jefferson County; H. B. Heflin, Judge. W. H. Knox, was convicted of assault and battery, and he appeals. The court erred in not admitting in evidence the letter referred to and the newspaper article. Section 6308, Code 1907; 155 Ala. 78, 46 South. 491; 71 Ala. 481, 46 Am. Hep. 342; 103 Ala. 30, 15 South. 892 ; 3 Ala.
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Appeal from Circuit Court, Jefferson County; H. B. Heflin, Judge. W. H. Knox, was convicted of assault and battery, and he appeals. The court erred in not admitting in evidence the letter referred to and the newspaper article. Section 6308, Code 1907; 155 Ala. 78, 46 South. 491; 71 Ala. 481, 46 Am. Hep. 342; 103 Ala. 30, 15 South. 892 ; 3 Ala. App. 352, 57 South. 98; 22 C. J. 454; 80 South. 370. It was competent to show Cowen’s animosity to the defendant. 40 Cyc. 2728; Jones on Evidence, 1053; 76 Ala. 8; 15 Ala. App. 91, 72 South. 564. Evidence as to the extent of the injury is admissible. 39…
1Opinion of the CourtBbicken, P. J.
This defendant was indicted by the grand jury of Jefferson county for the offense of assault and battery upon one Pbil Painter. From a judgment of conviction he appeals.
It appears without dispute that the alleged assault complained of was in fact committed by defendant, and further that, upon the trial of this cause in the court below, no element of self-defense was involved, and that the only issue presented and relied upon by this appellant was the defense, provided for under section 6308, Code 1907, the provision under this statute being that, on 'the trial of any person for an assault or…
2Cases cited3 opinions
- Jones v. StateSupreme Court of Alabama · 1884
- Byrd v. StateAlabama Court of Appeals · 1920
- Brooke v. StateSupreme Court of Alabama · 1908
3Cited by3 opinions
- Winchester v. StateAlabama Court of Appeals · 1924
- Elmore v. StateAlabama Court of Appeals · 1933
- Knox v. StateSupreme Court of Alabama · 1922