Walker v. State
Supreme Court of Alabama
Appeal from Macon Circuit Court. Tried before Hon. James E. Cobb. The defendant in the lower court, appellant here, was indicted for an assault and battery “ with a weapon, to-wit, a gun ; ” and was convicted of an assault. The evidence for the State tended to show that the defendant was guilty of an assault and battery on the prosecutrix, but failed to' show whether or not a weapon was used.
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Appeal from Macon Circuit Court. Tried before Hon. James E. Cobb. The defendant in the lower court, appellant here, was indicted for an assault and battery “ with a weapon, to-wit, a gun ; ” and was convicted of an assault. The evidence for the State tended to show that the defendant was guilty of an assault and battery on the prosecutrix, but failed to' show whether or not a weapon was used. The defendant made a statement under the statute, which tended to show that at the time of the alleged difficulty he had a gun, but that lie did not strike the prosecutrix with it, or attempt to use it.…
1Opinion of the CourtSomerville, J.
— The indictment charges the defendant with- having assaulted and beat the prosecutrix “ with a weapon, to-wit, a gun.”
The rule is, that the 'mode of committing an offense must generally be proved as laid in the indictment, as least in substance. — Boscoe’s Cr. Ev. * 89-90. This principle embraces the instrument through the agency of which the crime is perpetrated. The evidence must show it to be of the same substantial nature with the description given. Precise conformity in every *18particular is never demanded, but it must be shown to correspond in general character and operation with the…
2Cases cited3 opinions
- Johnson v. StateSupreme Court of Alabama · 1860
- Filkins v. . PeopleNew York Court of Appeals · 1877
- Rodgers v. StateSupreme Court of Alabama · 1874
3Cited by5 opinions
- Huckabee v. StateSupreme Court of Alabama · 1909
- Crenshaw v. StateSupreme Court of Alabama · 1908
- Corcoran v. StateAlabama Court of Appeals · 1921
- Pace v. StateCourt of Criminal Appeals of Alabama · 1994
- Bryant v. StateSupreme Court of Alabama · 1884