McGuire v. State
Alabama Court of Appeals
Appeal from Circuit Court, De Kalb Coun-ty; W. W. Haralson, Judge. Will McGuire was convicted of resisting/ or opposing an officer, and be appeals. There was no proof that the offense was committed in De Kalb county, and the defendant’s motion to exclude the evidence after the .state had closed should have been granted. Code 1907, § 7140; 15 Ala.
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Appeal from Circuit Court, De Kalb Coun-ty; W. W. Haralson, Judge. Will McGuire was convicted of resisting/ or opposing an officer, and be appeals. There was no proof that the offense was committed in De Kalb county, and the defendant’s motion to exclude the evidence after the .state had closed should have been granted. Code 1907, § 7140; 15 Ala. App. 584, 74 South. 721; 100 Ala. 139, 14- South. 792; 100 Ala. 92, 14, South. 761; 61 Ala. 75; 63 Ala. 167. Thé motion should have been granted on the further ground of .a variance, in that the evidence shows that what was done by defendant was…
1Opinion of the CourtBrick-En, P. J.
There were two counts in the indictment. The first charged that the defendant Will McGuire did knowingly and willfully oppose or resist G. A. Scott, a deputy sheriff or officer of said counity, in at tempting to make a lawful arrest of one Tom York, wlio at the time said arrest was attempted was in the actual commission of a public offense. The second count is similar-in its averments and charges that Will McGuire did knowingly and willfully oppose or resist G. A. Scott, a deputy sheriff or officer of said county, in the lawful arrest of one Tom York, who at the time of said lawful arrest was…
2Cases cited10 opinions
- Hackett v. CashSupreme Court of Alabama · 1916
- Thompson v. CollierSupreme Court of Alabama · 1911
- Randolph v. StateSupreme Court of Alabama · 1893
- Howard v. StateSupreme Court of Alabama · 1911
- Mayor of Wetumpka v. Wetumpka Wharf Co.Supreme Court of Alabama · 1879
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Ware v. DunnCalifornia Court of Appeal · 1947
- People v. PerryCalifornia Court of Appeal · 1947
- Ex Parte SankeySupreme Court of Alabama · 1978
- Evans v. StateAlabama Court of Appeals · 1951
- Jaye v. StateAlabama Court of Appeals · 1930
3 more not listed; retrieve them via the Exa API.