Barnett v. State
Alabama Court of Appeals
Appeal from City Court of Talladega; Marion H. Sims, Judge. Rufus Jerome Barnett was convicted of an assault with intent to ravish a woman, and he appeals. .The indictment was as follows, omitting formal charging parts: (1) Rufus Jerome Barnett, whose name is to the grand jury otherwise unknown, did assault Mary Ella Vinson, a woman, with the intent forcibly to ravish her.
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Appeal from City Court of Talladega; Marion H. Sims, Judge. Rufus Jerome Barnett was convicted of an assault with intent to ravish a woman, and he appeals. .The indictment was as follows, omitting formal charging parts: (1) Rufus Jerome Barnett, whose name is to the grand jury otherwise unknown, did assault Mary Ella Vinson, a woman, with the intent forcibly to ravish her. (2) Rufus Jerome Barnett, * * * with intent to assault a woman, with intent to ravish her, broke into and entered the dwelling house of E. J. Smith. The charges referred to in the opinion, necessary to be here stated, are…
1Opinion of the CourtBrown, P. J.
[1, 2] The judgment sustaining the demurrer to the second count of the indictment eliminated this count, and if the indictment, before the demurrer was sustained, was subject to the vice of a misjoinder of offenses, effectually relieved it of this vice, and the evil consequences incident thereto, as clearly appears from the utterances in the following cases: James v. State, 104 Ala. 26, 16 South. 94; Stevens v. State, 156 Ala. 119, 47 South. 208. We approve the following utterances of the Supreme Court of North Dakota, speaking through Christianson, J.:
“A criminal trial is not a game of wits…
2Cases cited19 opinions
- Burton v. StateSupreme Court of Alabama · 1896
- McClain v. StateSupreme Court of Alabama · 1913
- Sims v. StateSupreme Court of Alabama · 1906
- Hutto v. StateSupreme Court of Alabama · 1910
- State v. WebbNorth Dakota Supreme Court · 1917
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3Cited by10 opinions
- Jackson v. StateCourt of Criminal Appeals of Alabama · 1985
- Lovejoy v. StateAlabama Court of Appeals · 1948
- Moore v. StateAlabama Court of Appeals · 1942
- Cade v. StateCourt of Criminal Appeals of Alabama · 1978
- Pate v. StateAlabama Court of Appeals · 1924
5 more not listed; retrieve them via the Exa API.