Legal Opinion

Thornton v. State

Alabama Court of Appeals

Decided June 21, 1921No. 8 Div. 814PublishedCited by 17 opinions

Appeal from Circuit Court, Morgan County; O. Kyle, Judge. Oliver Thornton was indicted for assault with intent to murder, convicted of assault and battery with a weapon, and he appeals. It was shown by the testimony that the two parties, Turner, the man assaulted, and Thornton, the defendant, had had two difficulties, i>rioi; to the one upon which this prosecution is based, the first difficulty being at the L. & N. shops, about three months before the present trouble.

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Appeal from Circuit Court, Morgan County; O. Kyle, Judge. Oliver Thornton was indicted for assault with intent to murder, convicted of assault and battery with a weapon, and he appeals. It was shown by the testimony that the two parties, Turner, the man assaulted, and Thornton, the defendant, had had two difficulties, i>rioi; to the one upon which this prosecution is based, the first difficulty being at the L. & N. shops, about three months before the present trouble. As to this first difficulty, the defendant asked this question speaking to the defendant himself, “juid he hit you on that…

1Opinion of the CourtBricken, P. J.

The indictment in this case charged a felony; the offense of assault with intent to murder. The trial thereunder resulted in conviction, by the jury, of this defendant of an assault and battery with a weapon, the fine being assessed at $250, to which the court imposed an additional punishment of six months’ hard labor for the county. From this judgment the defendant appeals.

[1] Upon the trial of this case it was shown that there had been two former difficulties between these same parties; and the court properly ruled that the details and particulars of said former difficulties were not…

2Cases cited6 opinions

  1. McAnally v. StateSupreme Court of Alabama · 1883
  2. Watts v. StateSupreme Court of Alabama · 1912
  3. Harrison v. StateSupreme Court of Alabama · 1884
  4. Wise v. StateAlabama Court of Appeals · 1914
  5. Folkes v. StateAlabama Court of Appeals · 1919

1 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Rowe v. StateSupreme Court of Alabama · 1943
  2. Craven v. StateAlabama Court of Appeals · 1927
  3. Buffalow v. StateSupreme Court of Alabama · 1929
  4. Bryant v. StateSupreme Court of Alabama · 1949
  5. Dodd v. StateAlabama Court of Appeals · 1946

12 more not listed; retrieve them via the Exa API.

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