Henderson v. State
Supreme Court of Alabama
From tlie Circuit Court of Randolph. Tried before the ILon. James E. Cobb. The indictment in this case was found in February, 1880, and charged that the defendant, Thomas J. Henderson, “ unlawfully and with malice aforethought did assault Christopher C. Liles, with the intent to murder him.”
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From tlie Circuit Court of Randolph. Tried before the ILon. James E. Cobb. The indictment in this case was found in February, 1880, and charged that the defendant, Thomas J. Henderson, “ unlawfully and with malice aforethought did assault Christopher C. Liles, with the intent to murder him.” On the trial, the defendant having pleaded not guilty, a bill of exceptions was reserved by him, in which the matters presented to this court for consideration are thus stated, in substance: C. C. Tiles, the person assaulted, was introduced as a witness for the State, and thus testified: “ On the 28th…
1Opinion of the CourtSomekyille, J.
The declarations of the defendant, as testified to by the witness, O. O. Piles, were admissible in evidence, under the authority of McManus v. The State, 36 Ala. 285. They were uttered within six minutes from the time of the difficulty, and tended to show the hostile or unfriendly state of feeling on the part of the accused towards Liles, whom he had so recently assaulted and seriously wounded with a knife. It was for the jury to judge of the extent of the antecedent malice, from the character of the menacing declarations, and the circumstances under which they were uttered.
The threats made…
2Cases cited2 opinions
- McManus v. StateSupreme Court of Alabama · 1860
- Powell v. StateSupreme Court of Alabama · 1851
3Cited by13 opinions
- Smith v. StateSupreme Court of Alabama · 1913
- State v. CercielloSupreme Court of New Jersey · 1914
- Thomas v. StateAlabama Court of Appeals · 1921
- Walker v. StateSupreme Court of Alabama · 1887
- Jackson v. StateAlabama Court of Appeals · 1912
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