McCombs v. State
Supreme Court of Alabama
Appeal from Elmore Circuit Court. Heard before.Hon. A. H. Alston. Ellie McOqmbs Aras indicted for an assault Aritli intent to murder and convicted of assault Avith a weapon, and she appeals. ■ The defendant was indicted for assault with intent to murder Elizabeth Moore.
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Appeal from Elmore Circuit Court. Heard before.Hon. A. H. Alston. Ellie McOqmbs Aras indicted for an assault Aritli intent to murder and convicted of assault Avith a weapon, and she appeals. ■ The defendant was indicted for assault with intent to murder Elizabeth Moore. The testimony tended to show that the Avitness Moore and the defendant and others Avere at a party, and that, as she went out of the door to the veranda on her way to another room, the defendant cut her on the back Avith a razor, and as she turned around defendant cut her on the left side. The state then introduced another…
1Opinion of the CourtAndebson, J.
Elizabeth Moore, who was cut by the defendant, testified as to the cutting, and that they had no previous difficulty; nor did she say they Avere having one at the time of the cutting — the inference being that the defendant cut her without cause or provocation. The defendant’s evidence showed that Elizabeth Moore and “Francis” Avere beating her with sticks at the time of the cutting, and that there Avas but one difficulty. The defendant should have been permitted, upon cross-examination of the state’s Avitness, to show that she Avas engaged in a fight with Elizabeth and Francis, and to bring…
2Cases cited1 opinion
- Pearce v. StateSupreme Court of Alabama · 1896
3Cited by3 opinions
- Chestnut v. StateAlabama Court of Appeals · 1913
- Burk v. StateAlabama Court of Appeals · 1917
- Anderson v. Anniston Electric & Gas Co.Alabama Court of Appeals · 1914