Chapman v. State
Supreme Court of Alabama
From the Circuit Court of Barbour. Tried before the IIou. II. D. Clayton. cited Johnson v. The State, 35 Ala. 363; Lawson v. The State, 30 Ala. 14; Ta,rver v. The State, 43 Ala. 354; Blackwell v. The State, 9 Ala. 79; Shaw v. The State, 18 Ala. 547. Bloomer v. The State, 5 Sneed, 68; Smith v. State, 7 Ilumph. 43; Hays v. People, 1 Hill, 351 ; Com. v. White, 110 Mass. 407; Com. v. McLaughlin, 5 Allen, 507; 10 Iowa, 130; 9 C. & P. 483; Balkum v. State, 40 Ala. 671; 2 Bish. Cr.
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From the Circuit Court of Barbour. Tried before the IIou. II. D. Clayton. cited Johnson v. The State, 35 Ala. 363; Lawson v. The State, 30 Ala. 14; Ta,rver v. The State, 43 Ala. 354; Blackwell v. The State, 9 Ala. 79; Shaw v. The State, 18 Ala. 547. Bloomer v. The State, 5 Sneed, 68; Smith v. State, 7 Ilumph. 43; Hays v. People, 1 Hill, 351 ; Com. v. White, 110 Mass. 407; Com. v. McLaughlin, 5 Allen, 507; 10 Iowa, 130; 9 C. & P. 483; Balkum v. State, 40 Ala. 671; 2 Bish. Cr. Law, § 53; 2 Whart. C. Law, § 1244.
1Opinion of the CourtSomerville, J.
The defendant was indicted for an assault and battery upon the person of one McLeod, and was convicted of a mere assault.
It may be that, if the indictment had been for rosbbery, the facts in evidence would have sustained the allegation of an assault, which, in cases of that nature, is often merely constructive ; for every attempt at robbery, or to commit rape, or to do other like personal injury, involves within it the idea of an assault, either actual or constructive.
The present conviction, however, can be sustained only on the theory, that it was an assault for the defendant,to present or…
2Cases cited11 opinions
- People v. LilleyMichigan Supreme Court · 1880
- Commonwealth v. WhiteMassachusetts Supreme Judicial Court · 1872
- State v. ShepardSupreme Court of Iowa · 1859
- Tarver v. StateSupreme Court of Alabama · 1869
- State v. BenedictSupreme Court of Vermont · 1839
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3Cited by34 opinions
- Olivas v. StateCourt of Criminal Appeals of Texas · 2006
- State v. GodfreyOregon Supreme Court · 1889
- Commonwealth v. HensonMassachusetts Supreme Judicial Court · 1970
- City of Birmingham v. ThompsonSupreme Court of Alabama · 1981
- McArdle v. StateCourt of Criminal Appeals of Alabama · 1979
29 more not listed; retrieve them via the Exa API.