Johnson v. State
Supreme Court of Alabama
From the Circuit Court of Montgomery. Tried before the Hon. John Gill Shorter. The indictment in this case charged, that the prisoner, Daniel Johnson, “ did make an assault on Berry Freeman, by striking at him with a stick, and cutting him with a knife, against the peace and dignity of the State of Alabama;” and the ease was tried on issue joined on the plea of not guilty.
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From the Circuit Court of Montgomery. Tried before the Hon. John Gill Shorter. The indictment in this case charged, that the prisoner, Daniel Johnson, “ did make an assault on Berry Freeman, by striking at him with a stick, and cutting him with a knife, against the peace and dignity of the State of Alabama;” and the ease was tried on issue joined on the plea of not guilty. “ The testimony showed, that the prisoner and Berry Freeman, the prosecutor, got into a dispute and difficulty about the payment of a note; that the prisoner held a stick in his hand, which he raised up in a striking…
1Opinion of the CourtStone, J.
Ye do not think this record presents a case for putting the prosecuting attorney to an election of offenses. The record does not inform us that there were two offenses, or distinct acts, for which the Sfcatewould have been justified in proceeding separately. On the contrary, both acts are averred and proved in a manner to create the impression that the one succeeded the other so nearly in point of time, as to constitute in fact but one transaction.
It is no objection, that the assault in this case is averred to have been committed with a knife, and with a stick. The fact that, in one…
2Cases cited5 opinions
- Smith v. CauseySupreme Court of Alabama · 1856
- Lawson v. StateSupreme Court of Alabama · 1857
- State v. BlackwellSupreme Court of Alabama · 1846
- Shaw v. StateSupreme Court of Alabama · 1851
- Lindsay v. StateSupreme Court of Alabama · 1851
3Cited by30 opinions
- Gilmore v. StateSupreme Court of Alabama · 1892
- Simpson v. StateSupreme Court of Alabama · 1877
- Gray v. StateSupreme Court of Alabama · 1879
- Bryant v. StateCourt of Criminal Appeals of Alabama · 1972
- Tomlin v. StateCourt of Criminal Appeals of Alabama · 1979
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