Holmes v. State
Supreme Court of Alabama
Appeal from tlie Circuit Court of Madison. Tried before the Hon. A. H. Alston. The appellant in this case, Arthur Holmes,' was indicted and tried for an assault with intent to murder Annie Love, was convicted of an assault with a pistol, and fined one hundred dollars. On tbe trial of the case the State introduced as a witness Annie Love, the person assaulted, and her testimony-tended to shoiv that the defendant intentionally and deliberately shot at her with a pistol.
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Appeal from tlie Circuit Court of Madison. Tried before the Hon. A. H. Alston. The appellant in this case, Arthur Holmes,' was indicted and tried for an assault with intent to murder Annie Love, was convicted of an assault with a pistol, and fined one hundred dollars. On tbe trial of the case the State introduced as a witness Annie Love, the person assaulted, and her testimony-tended to shoiv that the defendant intentionally and deliberately shot at her with a pistol. The only other witness introduced by the State was the mother of Annie Love, who testified that she was not at the house when…
1Opinion of the Court
SHARPE, J. —
-Defendant was convicted of an assault on Annie Love, a woman, with a pistol. The woman was shot and her testimony tended to show defendant shot her intentionally. Defendant testified the shooting was accidental. He testified that when it occurred he started to Mr. Latham to get him to go for a doctor. He was asked by his counsel if he told Mr. Latham about the accident and an objection to the question was sustained. The ruling was right, being in conformity with the familiar rule which denies to a party the right to make evidence for himself of his own mere declarations.…
2Cases cited4 opinions
- Johnson v. StateSupreme Court of Alabama · 1893
- Lewis v. StateSupreme Court of Alabama · 1892
- Harrison v. StateSupreme Court of Alabama · 1884
- Brown v. StateSupreme Court of Alabama · 1885
3Cited by16 opinions
- Wilson v. StateSupreme Court of Alabama · 1942
- McClain v. StateSupreme Court of Alabama · 1913
- Williams v. StateSupreme Court of Alabama · 1906
- Hudson v. StateSupreme Court of Alabama · 1928
- Jarrell v. StateAlabama Court of Appeals · 1949
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