Rogers v. State
Supreme Court of Alabama
Aiteal from tlie City Court of Gadsden. .Tried'before tlie Hon. John H. Disqtje. , The appellant, E. A. Rogers, was indicted, tried and convicted for an assault. This is the second appeal in this case. The assault was committed in September, 1890. At the January term of the Gadsden City Court, an indictment was preferred against the defendant. This indictment contained two counts.
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Aiteal from tlie City Court of Gadsden. .Tried'before tlie Hon. John H. Disqtje. , The appellant, E. A. Rogers, was indicted, tried and convicted for an assault. This is the second appeal in this case. The assault was committed in September, 1890. At the January term of the Gadsden City Court, an indictment was preferred against the defendant. This indictment contained two counts. The first count charged an assault with a pistol, and the second count charged that the defendant assaulted “Tony Stallings with a rock, or brick, or other missile of like kind.” In August, 1897, the defendant was…
1Opinion of the CourtMcCLELLAN, C. J.
The original indictment presented against lingers was defective.—Rogers v. State, 117 Ala. 192. While it is true that the defect was in the second count only and that the first count sufficiently charged an assault with a pistol, (not a simple assault as inadvertently said on the former appeal), the defect was none the less a defect in the indictment considered as a whole within the letter and spirit of section 4922 of the Code, for which, as therein provided, the city court was authorized to quash the indictment generally on sustaining defendant’s demurrer to the second count, and to hold…
2Cases cited2 opinions
- Rogers v. StateSupreme Court of Alabama · 1897
- Turner v. StateSupreme Court of Alabama · 1866
3Cited by3 opinions
- Turley v. StateCourt of Criminal Appeals of Alabama · 1978
- Davis v. StateSupreme Court of Alabama · 1906
- Mitchell v. StateAlabama Court of Appeals · 1945