Andrews v. State
Supreme Court of Alabama
Appeal from Geneva Circuit Court. Heard before Hon. H. A. Peabce. Cornelius Andrews was convicted of assault to murder, and lie appeals.
Read the full summary
Appeal from Geneva Circuit Court. Heard before Hon. H. A. Peabce. Cornelius Andrews was convicted of assault to murder, and lie appeals. The exception reserved to the evidence was the error in permitting the state’s witness to say that he examined the house where it is alleged the shooting took place, near the middle of the day on which the shooting occurred in the morning, and saw signs of some shots made by bullets which had taken effect in the walls of the house, and that he found and saw cartridges or blank shells which had been shot, and that he picked them up near the side of a path…
1Opinion of the CourtAnderson, J.
The record in this case presents the following indictment: “The grand jury of said county charge that before the finding of this indictment that Oscar Andrews and Cornelius Andrews unlawfully and with malice aforethought did assault Jim Hughes, against the peace and dignity of the státe of Alabama” which is but a simple assault, and punishable under section 4343 of the Code of 1896, yet the defendant was sentenced to the penitentiary for three years, and upon the idea that he was convicted of a felony. The indictment does not support the sentence, and the cause must be reversed.
It is true the…
2Cases cited4 opinions
- Whatley v. StateSupreme Court of Alabama · 1906
- Mann v. StateSupreme Court of Alabama · 1901
- Verberg v. StateSupreme Court of Alabama · 1902
- Johnson v. StateSupreme Court of Alabama · 1904
3Cited by4 opinions
- Davis v. StateAlabama Court of Appeals · 1913
- Murray v. StateSupreme Court of Alabama · 1924
- American Ry. Express Co. v. Dunnaway & LambertSupreme Court of Alabama · 1922
- Freeman v. WorthingtonSupreme Court of Alabama · 1921