Smith v. State
Supreme Court of Alabama
Erom: the Circuit Court of Pike. Tried before the Hon. John P. Hubbard. The defendant in this case, Giles Smith, was indicted for an assault on Wash. Thompson, with intent to murder him; was convicted under the charges of the court, and sentenced to the penitentiary for two years. On the trial, he reserved exceptions to several charges given by the court, and to the refusal of several charges asked by him in writing.
Read the full summary
Erom: the Circuit Court of Pike. Tried before the Hon. John P. Hubbard. The defendant in this case, Giles Smith, was indicted for an assault on Wash. Thompson, with intent to murder him; was convicted under the charges of the court, and sentenced to the penitentiary for two years. On the trial, he reserved exceptions to several charges given by the court, and to the refusal of several charges asked by him in writing. One of the charges asked and refused was in these words; “(3.) To reduce the offense to an assault and battery, it is not necessary that the defendant, at the time he struck the…
1Opinion of the CourtStone, C. J.
The conflicting testimony in this record places the case in very different categories. That of the prosecutor tends to show he was causelessly assaulted. That of the accused, in addition to another grave provocation, tended to show that he acted only in prevention or defense of a very dangerous assault about to be committed on him by the defendant. It was for the jury to determine what were the facts.
This is the second appeal in this cause.-—83 Ala. 26. The testimony on the former trial related to the same transaction, and largely to the same provocation as that set forth in this record.…
2Cases cited7 opinions
- Mitchell v. StateSupreme Court of Alabama · 1877
- Ex parte NettlesSupreme Court of Alabama · 1877
- Hadley v. StateSupreme Court of Alabama · 1876
- Ex parte BrownSupreme Court of Alabama · 1880
- Stewart v. StateSupreme Court of Alabama · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Tucker v. State Ex Rel. JohnsonCourt of Appeals of Maryland · 1899
- Pellum v. StateSupreme Court of Alabama · 1889
- Helton v. StateCourt of Criminal Appeals of Alabama · 1979
- Robinson v. StateSupreme Court of Alabama · 1895
- Teague v. StateSupreme Court of Alabama · 1906
11 more not listed; retrieve them via the Exa API.