Spigner v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Coffee. Tried before the Hon. Jesse M. Carmichael. The appellant was indicted, tried and convicted for an assault and-battery upon one John W. Johnson.
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Appeal from the Circuit Court of Coffee. Tried before the Hon. Jesse M. Carmichael. The appellant was indicted, tried and convicted for an assault and-battery upon one John W. Johnson. The testimony in behalf of the State tended to show that the defendant and the said Johnson had some words, in reference to the return of a mule, which the defendant had gotten from Johnson, and that upon Johnson saying to defendant, “You shall not call me dishonest,” he grabbed Johnson by the neck and hit him on the head with his fist. The defendant testified in his own behalf that Johnson said to him, “You…
1Opinion of the CourtMcCLELLAN, J.
In prosecutions for assaults, assaults and batteries and affrays, the defendant may-show, in extenuation or justification of the offense charged, that the person assaulted or beaten used opprobious words or abusive language at or near the time of the assault or affray —Code, § 3749 ; Brown v. State, 74 Ala. 42 ; Prior v. State, 77 Ala. 56. Whether-the person alleged to have been assaulted here used opprobious words or abusive language toward the defendant at or about the time of the assault was the sole matter at issue on the trial below. All the evidence including the testimony of the…
2Cases cited2 opinions
- Prior v. StateSupreme Court of Alabama · 1884
- Brown v. StateSupreme Court of Alabama · 1883
3Cited by2 opinions
- Kean v. StateAlabama Court of Appeals · 1957
- Blankenship v. StateAlabama Court of Appeals · 1914