Sweatt v. State
Supreme Court of Alabama
Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Jack Sweat was convicted of assault with intent to murder, and be appeals. Tbe facts are sufficiently stated in tbe opinion of tbe court, as are tbe objections and exceptions to tbe evidence.
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Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Jack Sweat was convicted of assault with intent to murder, and be appeals. Tbe facts are sufficiently stated in tbe opinion of tbe court, as are tbe objections and exceptions to tbe evidence. Tbe following charges were refused to tbe defendant: “(A) Tbe court charges tbe jury that tbe bad character of tbe defendant for being rowdy and drinking cannot be looked to by tbe jury as detracting from his credibility as a witness. (B) The court charges the jury that the defendant committed no crime by merely carrying the pistol in…
1Opinion of the CourtHaralson, J.
The defendant was convicted of an assault with intent to murder Henry Dean.
The evidence was in conflict as to who provoked or brought on the difficulty. That for the state tended to show that defendant deliberately provoked the difficulty, and fired a pistol at Dean with the intention of murdering him. Defendant’s evidence tended to show that Dean, without provocation, assaulted him with a hoe, and that the pistol was fired either by Dean hitting it with a hoe, or involuntarily, by defendant, in attempting to ward off Dean’s blow.
After the state had introduced its evidence, the defendant was…
2Cases cited6 opinions
- Moulton v. StateSupreme Court of Alabama · 1889
- Clarke v. StateSupreme Court of Alabama · 1885
- Birmingham Union Railway Co. v. HaleSupreme Court of Alabama · 1890
- Bowles v. StateSupreme Court of Alabama · 1877
- McQueen v. StateSupreme Court of Alabama · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Smith v. StateSupreme Court of Alabama · 1916
- State v. LordNew Mexico Supreme Court · 1938
- Cox v. StateSupreme Court of Alabama · 1909
- Cooley v. StateSupreme Court of Alabama · 1936
- Forman v. StateSupreme Court of Alabama · 1914
18 more not listed; retrieve them via the Exa API.