Phillips v. State
Supreme Court of Alabama
Appeal from. Monroe Circuit Court. Heard before Hon. John T. Lackland. George Phillips was convicted of assault with intent to murder, and be appeals. The charge was assault with intent to murder, growing out of the shooting by the defendant of Mike Melton. It appears from the testimony that the shooting took place near the home of one Faircloth.
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Appeal from. Monroe Circuit Court. Heard before Hon. John T. Lackland. George Phillips was convicted of assault with intent to murder, and be appeals. The charge was assault with intent to murder, growing out of the shooting by the defendant of Mike Melton. It appears from the testimony that the shooting took place near the home of one Faircloth. Upon the examination of the doctor who attended Melton, the defendant objected to questions seeking to elicit the condition of Melton’s wound at the time of the trial, and as to the condition of his face and his eating capacity. After the court had…
1Opinion of the CourtAnderson, J.
The evidence as to the character of the wound was admissible to show the intent accompanying the assault.—Brown v. State, 142 Ala. 294, 38 South. 268; Meridith v. State, 60 Ala. 441; Jachson v. State, 94 Ala. 89, 10 South. 509. The condition of the assaulted party, resulting from the assault, was but a method of showing the nature and extent of the assault and the injury therefrom, and these things were of the res gestae of the offense charged.—Phillips v. State, 161 Ala. 60, 49 South. 794. Nor was there error, upon the part of the trial court, in refusing to confine this evidence to merely…
2Cases cited4 opinions
- Brown v. StateSupreme Court of Alabama · 1904
- Meredith v. StateSupreme Court of Alabama · 1877
- Jones v. StateSupreme Court of Alabama · 1897
- Phillips v. StateSupreme Court of Alabama · 1909
3Cited by7 opinions
- Washington v. StateSupreme Court of Alabama · 1959
- Straughn v. StateSupreme Court of Alabama · 1960
- Cranford v. StateAlabama Court of Appeals · 1917
- Little v. StateAlabama Court of Appeals · 1921
- Thompson v. StateAlabama Court of Appeals · 1954
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