Wilson v. State
Alabama Court of Appeals
Assault With Intent to Murder. Appeal from Limestone Circuit Court. - Heard before Hon. D. W. Speake. Carl Wilson was convicted of an assault with intent to murder, and he appeals.
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Assault With Intent to Murder. Appeal from Limestone Circuit Court. - Heard before Hon. D. W. Speake. Carl Wilson was convicted of an assault with intent to murder, and he appeals. The facts but not the details of a former difficulty are admissible. — Patterson v. State, 156 Ala. 52; MeAnally v State} 74 Ala, 9; Gray v. State, 63 Ala. 66. The rule invoked by appellant is entirely sound, but has engrafted on it this exception, that where it constitutes a part of the continuous transaction, culminating in the assault, all the details are admissible. — Jordan's Case, 81 Ala. 20; Crawford/s Case,…
1Opinion of the CourtThomas, J.
The defendant was indicted, tried, and convicted of assault with intent to murder one Dobbins. The said Dobbins testified as a witness for the state that:
The defendant “had his gun in his hand, and he ivas shooting towards my bam, and I asked him not to shoot through my barn, ‘You might hit some of .the horses.’ He [defendant] said, ‘You-son of a b-, I will just shoot you.’ Mr. Calloway and Bob Brannon came up and carried him off. This was about an hour or half hour before the shooting.”
The witness further testified that about half an hour after this occurrence the defendant returned to…
2Cases cited6 opinions
- Morris v. StateSupreme Court of Alabama · 1906
- Jordan v. StateSupreme Court of Alabama · 1886
- Armor v. StateSupreme Court of Alabama · 1879
- Stitt v. StateSupreme Court of Alabama · 1890
- Ross v. StateSupreme Court of Alabama · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Dickey v. StateAlabama Court of Appeals · 1916
- Smith v. StateAlabama Court of Appeals · 1954
- Page v. StateAlabama Court of Appeals · 1919
- Roper v. StateAlabama Court of Appeals · 1933
- Rutherford v. StateCourt of Criminal Appeals of Alabama · 1972