Baker v. State
Alabama Court of Appeals
Appeal from Circuit Court, Dekalb County; W. W. Harralson, Judge. Oscar Baker was convicted of assault with intent to murder and he appeals.
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Appeal from Circuit Court, Dekalb County; W. W. Harralson, Judge. Oscar Baker was convicted of assault with intent to murder and he appeals. It is alleged by the state that the defendant went to the home of Oyler, and told him that Edwards had cut a drummer’s coat off, and to come on down -town, Oyler being the policeman in the town; that Oyler went in response to the call, and when he reached town the difficulty arose or was in progress, and that the defendant struck Oyler with a brick, injuring him severely. Tbe motion for new trial seems to be a copy of the motion docket, but is not made a…
1Opinion of the CourtBricken, P. J.
[1] The motion for new trial is not presented for review. Crawley v. State, 16 Ala. App. 545, 79 South. 804, and cases cited.
The only questions insisted upon as error on the trial of this cause in the court below relate to the ruling of the court upon the testimony.
[2] State’s witness Mrs. Smith Oyler wife of the injured party, was permitted, without objection, to testify that the defendant Oscar Baker, shortly before the difficulty, came to the Oyler home, and requested Oyler, her husband, who was a police officer of the town of Collinsville, to come down town at once; that one Irby Edwards…
2Cases cited3 opinions
- Woodson v. StateSupreme Court of Alabama · 1910
- Crawley v. StateAlabama Court of Appeals · 1918
- Strickland v. Town of SamsonAlabama Court of Appeals · 1918
3Cited by2 opinions
- Hammond v. StateAlabama Court of Appeals · 1926
- Hammond v. StateAlabama Court of Appeals · 1926