Johnson v. State
Supreme Court of Alabama
Appeal from Lee Circuit Court. Tried before lion. Ii. D. Clayton. This was a prosecution for an assault and battery commenced' against the appellant in the County Court of said county, and resulting in the defendant’s conviction in that court, was by Trim taken, by appeal, to thé Circuit Court, where, upon a trial Nad do novo, the defendant was again convicted.
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Appeal from Lee Circuit Court. Tried before lion. Ii. D. Clayton. This was a prosecution for an assault and battery commenced' against the appellant in the County Court of said county, and resulting in the defendant’s conviction in that court, was by Trim taken, by appeal, to thé Circuit Court, where, upon a trial Nad do novo, the defendant was again convicted. The principal witness examined by the State on the trial was Squire Howard, who testified,- that on meeting the defendant on a public street in the- City of Opelika, in March, 1881, the defendant commenced to' curse him, and that after…
1Opinion of the CourtStone, J.
If the testimony of Squire Howard was believed, the jury rightly found that the defendant provoked and brought on the difficulty, and that he committed a battery on the prosecuting witness, by placing a pistol against his chin in an angry and insulting manner. This disabled the defendant from invoking the doctrine of self-defense. See authorities on the brief of the Attorney-General. The rulings of the Circuit Court were in harmony with these views. There is nothing in the other question raised.
Affirmed.
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