Legal Opinion

Rogers v. State

Supreme Court of Alabama

Decided November 15, 1897PublishedCited by 20 opinions

Appeal from the City Court of Gadsden. Tried before the Hon. John H. Disque. The appellant was indicted, tried and convicted for . an assault. The averments of the two counts of the indictment are sufficiently stated in the opinion. The defendant demurred to the second count, upon the ground that it was “vague, indefinite and uncertain as to the character of the weapon used.” This demurrer was .overruled, and the defendant duly excepted.

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Appeal from the City Court of Gadsden. Tried before the Hon. John H. Disque. The appellant was indicted, tried and convicted for . an assault. The averments of the two counts of the indictment are sufficiently stated in the opinion. The defendant demurred to the second count, upon the ground that it was “vague, indefinite and uncertain as to the character of the weapon used.” This demurrer was .overruled, and the defendant duly excepted. Upon the trial of the cause, the testimony for the State tended to show that the defendant came to. the place where Tony Stallings,, the person assaulted,…

1Opinion of the CourtColeman, J.

The indictment consisted of two counts, charging the defendant in .the fh’st count with simple assault, and in the second count, with a rock or brick, “or other missile of like kind.” There was a demurrer to the second count directed against the averment “or other missile of like kind.” We are of opinion the demurrer was well taken, and the court erred in overruling it. When the means by which an offense was committed are charged in the alternative, each alternative charge must describe the means, with’ the same definiteness or particularity, as would have been rer quired, had the charge been…

2Cases cited3 opinions

  1. Hornsby v. StateSupreme Court of Alabama · 1891
  2. Johnson v. StateSupreme Court of Alabama · 1858
  3. State v. RaifordSupreme Court of Alabama · 1838

3Cited by20 opinions

  1. Duncan v. StateSupreme Court of Alabama · 1965
  2. Boulden v. StateSupreme Court of Alabama · 1965
  3. Griffin v. StateSupreme Court of Alabama · 1907
  4. Krasner v. StateAlabama Court of Appeals · 1946
  5. Sovereign Camp, W. O. W. v. DennisAlabama Court of Appeals · 1920

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