Crawford v. State
Supreme Court of Alabama
From the Circuit Court of Dallas. Tried before the Hon. John Moore. The defendant in tbis case, Daniel Crawford, was indicted for an assault on George T. Steel, with the intent to murder him; was convicted, and sentenced to the penitentiary for the term of five years. On the trial, as the bill of exceptions shows, two policemen of the city of Selma, S. M. Payne and W. 0. Eosser, were introduced as witnesses on the part of the prosecution.
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From the Circuit Court of Dallas. Tried before the Hon. John Moore. The defendant in tbis case, Daniel Crawford, was indicted for an assault on George T. Steel, with the intent to murder him; was convicted, and sentenced to the penitentiary for the term of five years. On the trial, as the bill of exceptions shows, two policemen of the city of Selma, S. M. Payne and W. 0. Eosser, were introduced as witnesses on the part of the prosecution. Payne testified “in substance as follows: One night in March, 1885, about midnight, while witness was on duty in the streets of Selina, he met the…
1Opinion of the CourtStone, C. J.
W e do not think the doctrine of election of offenses, on which to base a claim of conviction, is raised by the facts of this case. The testimony of the witness Payne, as to the altercation and scuffle, which occured in Mollie Bernhard’s house, does not appear to have been offered for the purpose of establishing that act, as, in and of itself, a substantive offense. It was introductory to, and largely a part of, the graver offense alleged to have been committed when the defendant returned. It tended to show defendant’s purpose in returning; and whether proved before or after the testimony of…
2Cases cited2 opinions
- Jordan v. StateSupreme Court of Alabama · 1886
- Hadley v. StateSupreme Court of Alabama · 1876
3Cited by6 opinions
- Sparks v. StateSupreme Court of Alabama · 1953
- Dobbins v. StateAlabama Court of Appeals · 1916
- Sparks v. StateAlabama Court of Appeals · 1953
- Page v. StateAlabama Court of Appeals · 1919
- Wilson v. StateAlabama Court of Appeals · 1915
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