Love v. State
Alabama Court of Appeals
Appeal from Circuit Court, Limestone County; R. O. Brickell, Judge. Clint Love was convicted of the statutory offense known as lynching or whitecapping, and appeals.
1Opinion of the CourtBrown, P. J.
[1, 2] An assault and battery is an essential element of the offense denounced by section 7388, Code 1907, and the elements that distinguish the statutory offefise from an assault and battery are that this assault and battery is the result of a conspiracy between two or more persons, and the abuse is inflicted on an accusation real or pretended, with the intent to force the person assaulted to confess his guilt of some offense or to make a disclosure, or consent to leave the neighborhood, county, or state.
We note that the statute has been materially changed since the decision in Underwood v.…
2Cases cited12 opinions
- Daughdrill v. StateSupreme Court of Alabama · 1896
- Brown v. StateSupreme Court of Alabama · 1904
- Meredith v. StateSupreme Court of Alabama · 1877
- Hutto v. StateSupreme Court of Alabama · 1910
- McBryde v. StateSupreme Court of Alabama · 1908
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Doss v. StateSupreme Court of Alabama · 1929
- Cain v. StateAlabama Court of Appeals · 1917
- Barnett v. StateAlabama Court of Appeals · 1917
- Davis v. StateAlabama Court of Appeals · 1924
- Penn Mut. Life Ins. Co. v. CobbsAlabama Court of Appeals · 1929
5 more not listed; retrieve them via the Exa API.