Corcoran v. State
Alabama Court of Appeals
Appeal from Circuit Court, Perry County; B. M. Miller, Judge. . Alfred S. Corcoran was convicted of assault and battery with a weapon, and he appealed. The facts upon which the opinion is rested, sufficiently appear therefrom, with the exception that at the conclusion of the state’s evidence the defendant moved to exclude all the evidence because it did not sustain the charge.
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Appeal from Circuit Court, Perry County; B. M. Miller, Judge. . Alfred S. Corcoran was convicted of assault and battery with a weapon, and he appealed. The facts upon which the opinion is rested, sufficiently appear therefrom, with the exception that at the conclusion of the state’s evidence the defendant moved to exclude all the evidence because it did not sustain the charge. The judgment was contrary -to the evidence, as the evidence clearly showed without dispute that no weapon was used. 35 Ala. 363; 73 Ala. 17; 50 Ala. 102,; 76 Ala. 35, 52 Am. Rep. 315; 153 Ala. 8, 45 South. 631; 159 Ala.…
1Opinion of the CourtBrick-En, P. J.
[1] The indictment contained one count only, and charged the defendant with the offense of an assault and battery with a weapon. The ease was tried by the court without a jury, and the judgment entry recites—
“It is considered and adjudged by the court and it is the judgment of the court that the defendant, Alfred Corcoran, is guilty of an assault and battery with a weapon as charged in the indictment,” etc.
On the trial of this case as shown by the record there was no testimony which showed, or tended to show, that the assault complained of was committed with a weapon of any character, nor was…
2Cases cited5 opinions
- Huckabee v. StateSupreme Court of Alabama · 1909
- Johnson v. StateSupreme Court of Alabama · 1860
- Crenshaw v. StateSupreme Court of Alabama · 1908
- Walker v. StateSupreme Court of Alabama · 1882
- Wilson v. StateAlabama Court of Appeals · 1913
3Cited by7 opinions
- Cozart v. StateAlabama Court of Appeals · 1964
- Brickley v. StateSupreme Court of Alabama · 1970
- Jones v. StateCourt of Criminal Appeals of Alabama · 1987
- Henderson v. StateCourt of Criminal Appeals of Alabama · 2017
- Harris v. StateCourt of Criminal Appeals of Alabama · 2003
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