Legal Opinion

Nelson v. State

Supreme Court of Alabama

Decided May 15, 1907PublishedCited by 3 opinions

Appeal, from Jefferson Criminal Oonrt. Heard before Hon. S. L. Weaver. Will Nelson was convicted of an assault with intent to murder and lie appeals. The marriage record was not sufficiently identified and authenticated to be admissible for any purpose. — 9 A. & E. Ency. of Law, pp. 880-884; 20 lb. pp. 513-14; Sandbord v. School District, 12 Mich.

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Appeal, from Jefferson Criminal Oonrt. Heard before Hon. S. L. Weaver. Will Nelson was convicted of an assault with intent to murder and lie appeals. The marriage record was not sufficiently identified and authenticated to be admissible for any purpose. — 9 A. & E. Ency. of Law, pp. 880-884; 20 lb. pp. 513-14; Sandbord v. School District, 12 Mich. IT; Stewart v. Conner, 9 Ala. 803; Watts v. Clegg, 48 Ala. 561; 1 Greenleaf on Evidence (16th Ed.) § 485. There was a want of evidence to prove that the parties named in the record were the ones in controversy. — Bland r. Chambliss, 9 Port. 412; 14…

1Opinion of the CourtHaralson, J.

-The defendant was convicted of an assault with intent to murder.

The indictment was'filed in court on the 19th of November, 1906.

The prosecutor, Davis, testified that the difficulty occurred some time in February, 1904. The defendant testified that the difficulty occurred some time about February 18, 1903. The offense might thus appear to *4be barred by the statute of limitations of three years.— Code 1896, § 5070.

It became necessary for the state to prove- that the offense occurred within three years before the indictment was found. To do this, the prosecutor, introduced by the state,…

2Cases cited2 opinions

  1. Garrett v. StateSupreme Court of Alabama · 1884
  2. Duncan v. FreemanSupreme Court of Alabama · 1895

3Cited by3 opinions

  1. Calvert v. StateAlabama Court of Appeals · 1934
  2. McDavid v. StateCourt of Criminal Appeals of Alabama · 1983
  3. Daniel v. WadeSupreme Court of Alabama · 1919

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