Jolly v. State
Supreme Court of Alabama
From the City Court of Anniston. Tried before the Hon. B. F. Cassady. The defendant in this case, James Jolly, was indicted for an assault on James Powell, with the intent to murder him; was convicted, and was sentenced by the court to imprisonment in the penitentiary for the term of three years.
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From the City Court of Anniston. Tried before the Hon. B. F. Cassady. The defendant in this case, James Jolly, was indicted for an assault on James Powell, with the intent to murder him; was convicted, and was sentenced by the court to imprisonment in the penitentiary for the term of three years. The evidence on the trial showed that Powell, who was the superintendent of the weaving room in the Anniston Cotton Factory, had a difficulty with William Powell, the defendant’s father, about noon on the 5th November, 1890; and that the assault on which the prosecution was founded, occurred just…
1Opinion of the CourtWalkeb, J.
— There was evidence tending to show that the defendant conspired with his father and brother to attack James Powell, and that there was a concert of action between the three when the assault was made, though the evidence was conflicting as to whether the wound received by Powell was inflicted by the defendant or by his brother, Joe Jolly. Even if Joe Jolly was the active perpetrator in the commission of the offense, the defendant is in the eye of the law equally guilty, if he was present, encouraging, aiding, abetting. or assisting, or was ready to aid, abet or assist in the execution of the…
2Cases cited6 opinions
- Gibson v. StateSupreme Court of Alabama · 1889
- Williams v. StateSupreme Court of Alabama · 1886
- Martin v. StateSupreme Court of Alabama · 1889
- Tanner v. StateSupreme Court of Alabama · 1890
- Walker v. StateSupreme Court of Alabama · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Morris v. StateSupreme Court of Alabama · 1906
- Stokley v. StateSupreme Court of Alabama · 1950
- Pope v. StateCourt of Criminal Appeals of Alabama · 1978
- Evans v. StateSupreme Court of Alabama · 1895
- Reeves v. StateSupreme Court of Alabama · 1891
18 more not listed; retrieve them via the Exa API.