Green v. State
Supreme Court of Alabama
Appeal from Cleburne County Court. Heard before Hon. T. A. Johnson. Charley Green was convicted of mayke-m and appeals. The indictment in this case charged that Charlie Green unlawfully, maliciously, and intentionally did cut off, bite, or strike off an ear of W. M. McCalmon.
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Appeal from Cleburne County Court. Heard before Hon. T. A. Johnson. Charley Green was convicted of mayke-m and appeals. The indictment in this case charged that Charlie Green unlawfully, maliciously, and intentionally did cut off, bite, or strike off an ear of W. M. McCalmon. Tlie evidence tended to show that defendant and McCalmon were engaged in a difficulty which ivas brought about as the result of a conversation between them, and in the absence of any one at the time; that defendant knocked McCalmon down, and was on him, beating him in the face and on the head, when certain people ran up…
1Opinion of the CourtMcCLELLAN, J.
Mayhem, as defined, in the presently pertinent aspect, by section 5095 of the Code, is committed when any person “unlawfully, maliciously and intentionally cuts, bites, or strikes olf an ear” of another person. This statute has been partially construed in Molette’s Case, 49 Ala. 18. The essential ingredients of the offense, the necessary disfigurement of the person maimed being given, are that the act was done without authority of law and with evil intent and by design. In this instance the disfigurement, necessary to justify conviction, must have been such as would afford to the casual…
2Cases cited5 opinions
- Southern Railway Co. v. CrowderSupreme Court of Alabama · 1902
- State v. AbramSupreme Court of Alabama · 1847
- State v. . CrawfordSupreme Court of North Carolina · 1830
- State v. . SkidmoreSupreme Court of North Carolina · 1882
- Molette v. StateSupreme Court of Alabama · 1873
3Cited by11 opinions
- Stephens v. StateSupreme Court of Alabama · 1947
- Coats v. StateSupreme Court of Alabama · 1950
- United States v. Earl CookCourt of Appeals for the D.C. Circuit · 1972
- Pueblo v. Ríos RiveraSupreme Court of Puerto Rico · 1963
- Allen v. StateCourt of Criminal Appeals of Alabama · 1980
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