Legal Opinion

Jones v. State

Supreme Court of Alabama

Decided December 15, 1885PublishedCited by 19 opinions

From the Circuit Court of Etowah. Tried before the lion. James Aiken. The defendant in this case, James Jones, was indicted for an assault with a pistol on one William Croft, with the intent to murder him; was tried on issue joined on the plea of not guilty, found guilty as charged in the indictment, and sentenced to hard labor for the county for the term of two years.

Read the full summary

From the Circuit Court of Etowah. Tried before the lion. James Aiken. The defendant in this case, James Jones, was indicted for an assault with a pistol on one William Croft, with the intent to murder him; was tried on issue joined on the plea of not guilty, found guilty as charged in the indictment, and sentenced to hard labor for the county for the term of two years. On the trial, as appears from the bill of exceptions, the evidence showed that the difficulty between the parties occurred under these circumstances: The defendant and one Bulger were playing a game of cards in an open field,…

1Opinion of the Court

STONE, O. J.

The defendant was indicted for an assault with intent to murder William Croft. Under that indictment, lie might have been acquitted of the higher offense, which under our statute is made a felony, and convicted of the lesser offense, an assault, or assault and battery. The testimony was not in harmony, but none of it exonerated the defendant from all blame in provoking, or bringing on the difficulty. This is always a material inquiry, when self-defense is relied on. It is an important factor; for circumstances which would fully establish self-defense, if unimpaired by provocation…

2Cases cited6 opinions

  1. DeArman v. StateSupreme Court of Alabama · 1882
  2. Eiland v. StateSupreme Court of Alabama · 1875
  3. Mose v. StateSupreme Court of Alabama · 1860
  4. Lewis v. StateSupreme Court of Alabama · 1874
  5. Cross v. StateSupreme Court of Alabama · 1879

1 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Craven v. StateAlabama Court of Appeals · 1927
  2. Alabama Consolidated Coal & Iron Co. v. HealdSupreme Court of Alabama · 1910
  3. Williams v. StateSupreme Court of Alabama · 1909
  4. Barlow v. HamiltonSupreme Court of Alabama · 1907
  5. Strickland v. StateSupreme Court of Alabama · 1907

14 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API