Beason v. State
Alabama Court of Appeals
Appeal from St. Clair Circuit Court. Heard before Hon. J. E. Blackwood. Charles W. Beason was convicted of assault and battery, and he appeals.
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Appeal from St. Clair Circuit Court. Heard before Hon. J. E. Blackwood. Charles W. Beason was convicted of assault and battery, and he appeals. The oral charge of the court referred to was that if the jury failed to find the defendant guilty of manslaughter in the first degree, yet if they believed from the evidence beyond a reasonable doubt that the defendant, before the finding of the indictment, stamped his wife with his foot or feet, they were authorized under the evidence in this case to find the defendant guilty of assault and battery. The other charges appear in the opinion.
1Opinion of the Court
de GRAFFENRIED, J. —
In this case there was evidence tending to show that the defendant, within 12 months before the finding of the indictment, committed an assault and battery upon the person of his wife by stamping her with his foot or feet. The wife died within less than 12 months after the assault. The state claimed that her death was caused from the injuries received by her when she was assaulted by the defendant as above stated. The jury convicted the defendant of an assault and battery, and from the judgment of the court pronounced upon the verdict the defendant appeals.
1. Section 7315…
2Cases cited2 opinions
- Daughdrill v. StateSupreme Court of Alabama · 1896
- Thomas v. StateSupreme Court of Alabama · 1899
3Cited by9 opinions
- Sullivan v. StateIndiana Supreme Court · 1957
- Duncan v. StateAlabama Court of Appeals · 1942
- Brewer v. StateAlabama Court of Appeals · 1931
- Coleman v. StateCourt of Criminal Appeals of Alabama · 1977
- Moore v. StateAlabama Court of Appeals · 1952
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