Griffin v. State
Supreme Court of Alabama
Appeal from tlie Circuit Court of Dale. Tried before the Hon. A. A. Evans. The appellant was indicted, tried and convicted for an assault with intent to murder one Thos. E. Speller.
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Appeal from tlie Circuit Court of Dale. Tried before the Hon. A. A. Evans. The appellant was indicted, tried and convicted for an assault with intent to murder one Thos. E. Speller. The evidence for the State tended to show that the person alleged to have been assaulted went to the house-of the defendant with a constable to assist him in making the levy of a writ of detinue upon -a stove, which was in the defendant’s house, and which said Speller-had «ued for in an action of detinue; and that in attempting to take possession of the stove the assault was made by the defendant on said Speller.…
1Opinion of the CourtSharpe, J.
Where a written instrument is only a collateral incident to the matter in issue, and its existence rather than its contents is the matter desired to be proved, the rule which in general -requires the production of the writing as the best evidence of its contents is not applicable.—1 Green. on Ev., § 89; Allen v. State, 79 Ala. 34. Of this class were the writs in attachment and detinue mentioned in testimony adduced by the State. Here the question was not of the authority of the officer, for the defendant was not charged with unlawfully resisting such authority. It was merely whether the…
2Cases cited1 opinion
- Allen v. StateSupreme Court of Alabama · 1885
3Cited by8 opinions
- Hall v. StateAlabama Court of Appeals · 1926
- Knight v. StateCourt of Criminal Appeals of Alabama · 1973
- Williams v. StateSupreme Court of Alabama · 1907
- Hancock v. StateSupreme Court of Florida · 1925
- Roberson v. StateAlabama Court of Appeals · 1925
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