Brown v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Cherokee. Tried before the Hon. J. A. Bilbro. This is a prosecution of the appellant, Edward L. Brown, for assault with intent to- murder one Grady Cox. It appears from the evidence that a few hours before the commission of the alleged offense, Cox and Brown had had a difficulty in which Cox had struck Brown with a stick. Cox was a. bo-y sixteen years of age.
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Appeal from the Circuit Court of Cherokee. Tried before the Hon. J. A. Bilbro. This is a prosecution of the appellant, Edward L. Brown, for assault with intent to- murder one Grady Cox. It appears from the evidence that a few hours before the commission of the alleged offense, Cox and Brown had had a difficulty in which Cox had struck Brown with a stick. Cox was a. bo-y sixteen years of age. The evidence shows that Brown just before the cutting which forms tlie basis of this prosecution, while in a very drunken state, told Cox to repeat certain remarks which he, Cox, had made. Cox thereupon…
1Opinion of the CourtAndeeson, J.
Appellant, Brown, was convicted for an assault to murder and from said judgment of conviction brings this appeal.
While the assaulted party as a state witness was testifying, a predicate was laid for proving a contradictory statement, which he denied, and which the defendant proved was made by the said witness Brown. We think the contradictory statement was material, as there was a conflict in the evidence, as to who was the aggressor.
The defendant asked in writing the following charge, numbered 13: “The court charges the jury, if any witnesses have made contradictory statements as to materia]…
2Cases cited20 opinions
- Parrish v. StateSupreme Court of Alabama · 1903
- Stone v. StateSupreme Court of Alabama · 1894
- Prater v. StateSupreme Court of Alabama · 1894
- McNeill v. StateSupreme Court of Alabama · 1893
- Woodbury v. StateSupreme Court of Alabama · 1881
15 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Doss v. StateSupreme Court of Alabama · 1929
- McQueen v. StateCourt of Criminal Appeals of Alabama · 1978
- Hill v. StateSupreme Court of Alabama · 1923
- Clayton v. StateAlabama Court of Appeals · 1929
- Johnson v. StateAlabama Court of Appeals · 1952
32 more not listed; retrieve them via the Exa API.