Newman v. State
Supreme Court of Alabama
Appeal from Cullman Circuit Court. Heard before Hon. D. W. Speake. George Newman and another were convicted of assault and battery, and appeal.
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Appeal from Cullman Circuit Court. Heard before Hon. D. W. Speake. George Newman and another were convicted of assault and battery, and appeal. The following charges were requested by and refused to the defendant: “(2) If Thomas Warren had a rock in his hand, and was attempting to use it on Lige Newman, then the defendant had a right to approach said Warren to get him to stop the difficulty, or to throw down the rock, and to stop him from disturbing the peace, and said Warren had no right to resist the defendant, nor to assault him; and if he did resist arrest, or if he assaulted the…
1Opinion of the CourtSayre, J.
The defendants, having been jointly indicted and tried on a charge of assault with intent to murder, were convicted of an assault, and a fine assessed against each of them. Each defendant was required to confess judgment for the entire costs of the prosecution. The defendants were jointly and severally liable for the *105common costs of the joint prosecution, and there was no error in the ruling of the court here complained of.— Dent v. State, 42 Ala. 514; Dawson v. Sayre, 80 Ala. 444, 2 South. 479. So far as the costs are concerned, the satisfaction of execution against either defendant will…
2Cases cited5 opinions
- Lockhart v. McElroySupreme Court of Alabama · 1843
- Holley v. StateSupreme Court of Alabama · 1894
- Dent & Magruder v. StateSupreme Court of Alabama · 1868
- Rutland's Adm'r v. PippinSupreme Court of Alabama · 1845
- Dawson v. SayreSupreme Court of Alabama · 1886
3Cited by17 opinions
- Bridges v. StateSupreme Court of Alabama · 1932
- Langham v. StateAlabama Court of Appeals · 1915
- Richardson v. StateSupreme Court of Alabama · 1920
- Houston v. StateCourt of Criminal Appeals of Alabama · 1990
- Haney v. StateAlabama Court of Appeals · 1924
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