Johnson v. State
Alabama Court of Appeals
Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. William Johnson was convicted of an assault and battery and he appeals.
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Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. William Johnson was convicted of an assault and battery and he appeals. The defendant was entitled to the affirmative .charge because of a variance between the allegations of the indictment and the proof before the grand jury. — Duval v. The State, 63 Ala 12; Jones v. The State, 63 Ala. 29; Childress v. The State, 86 Ala. 84; Wells v. The State, 88 Ala. 240; Reese v. The State, 90 Ala. 628; Winter v. The State, 90 Ala. 638; James v. The State, 115 Ala. 86; Terry, v. The State, 118 Ala. 87; s. c. 120 Ala. 298. The…
1Opinion of the CourtPelham, J.
The indictment upon which the defendant was tried charged him with having committed an assault and battery on his wife with a weapon; the description of the weapon being averred as unknown to the grand jury. On the trial Mandy Hamilton, a witness for the state, testified that she was an eyewitness to the assault, and went before the grand jury that -returned the indictment against the defendant, and that *64she informed the grand jury in the course of her examination as a witness that the weapon used by the defendant in beating his wife was a hammer; that she told the grand jury she saw…
2Cases cited11 opinions
- Washington v. StateSupreme Court of Alabama · 1894
- Childress v. StateSupreme Court of Alabama · 1888
- Duvall v. StateSupreme Court of Alabama · 1879
- Downey v. StateSupreme Court of Alabama · 1896
- Terry v. StateSupreme Court of Alabama · 1897
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Haney v. StateAlabama Court of Appeals · 1924
- Duff v. StateAlabama Court of Appeals · 1958
- McGee v. StateAlabama Court of Appeals · 1924
- McDaniel v. StateAlabama Court of Appeals · 1924
- Foote v. StateAlabama Court of Appeals · 1917
4 more not listed; retrieve them via the Exa API.