Tarwater v. State
Alabama Court of Appeals
Appeal from Circuit Court, Marion County; C. P. Almon, Judge. Elijah W. Tarwater was convicted of an assault with a weapon, and he appeals. The defendant was indicted and tried on a charge of assault to murder, was convicted of assault with a weapon, and from the judgment he appeals. The facts necessary to a decision are sufficiently stated in the opinion.
1Opinion of the CourtSamford, J.
[1 ] There were several objections and exceptions to evidence -as to confessions and admissions of the defendant as to who committed the assault, but later in the trial the defendant’s counsel in open court admitted that the defendant did the shooting. This eliminated all of these questions, and rendered any error, if any, error without injury.
It was shown on the trial that the defendant at the time of the assault was the superintendent of a mine and a deputy sheriff, and by numerous questions and in many ways the defendant’s counsel endeavored to prove that the party assaulted was trying to…
2Cases cited2 opinions
- Brown v. StateSupreme Court of Alabama · 1895
- Ezzell v. StateAlabama Court of Appeals · 1915
3Cited by14 opinions
- Duncan v. StateSupreme Court of Alabama · 1965
- Bankhead v. StateAlabama Court of Appeals · 1947
- Hardley v. StateSupreme Court of Alabama · 1918
- Berry v. StateAlabama Court of Appeals · 1937
- Cobb v. StateAlabama Court of Appeals · 1923
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