Hoes v. State

The primary question to be answered here is whether the shooting of a “common law” wife by a one-armed man twice within five years 1 could constitute a “plan or scheme” to maim her.

Appellant, who is handicapped by the loss of one arm, pled guilty to one count of assault and battery and was convicted by a jury of the Circuit Court for Montgomery County of assault with intent to maim, carrying a weapon openly with the intent to injure and resisting arrest. The evidence showed that, after having overimbibed alcoholic beverages, appellant went home and engaged in a dispute with Julia Braxton,…