Elmore v. State

BROWN, Justice.

Evidence of opprobrious words or abusive language used by the person assaulted or beaten at or near the time of the assault are not admissible m mitigation or justification on the trial under an indictment for. an assault with intent to murder, under the provisions of section 3302 of the Code of 1923. This statute applies only where the indictment is for an assault, assault and battery, or affray. Taylor v. State, 48 Ala. 180; Brown v. State, 74 Ala. 42; Prior v. State, 77 Ala. 56; Elmore v. State, 140 Ala. 184, 37 So. 156.

Whether the indictment be for a misdemeanor or a…