Johnson v. State
Alabama Court of Appeals
Appeal from Walker Circuit Court. Heard before Hob. J. J. Curtis. Lynn Johnson was convicted of an assault, and he appeals.
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Appeal from Walker Circuit Court. Heard before Hob. J. J. Curtis. Lynn Johnson was convicted of an assault, and he appeals. It is competent to show that just previous to the difficulty the defendant and a brother of the prosecuting witness had had trouble, especially in view of the testimony of the prosecuting witness. — Lodge v. State, 122 Ala. 97; Me Ador y v. State, 62 Ala. 154. In its oral charge, the court invaded the province of the jury by charging as to the effect of evidence. — Spicer v. State, 105 Ala. 123; Linnehan v. State, 116 Ala. 481. This was error to reversal. — Griffin v.…
1Opinion of the CourtPelham, J.
The defendant was tried for and convicted of assaulting one Arthur Stoddard. The evidence showed that Stoddard had knocked the defendant’s hat off, and that words accompanied by mutual cursing followed, finally resulting in the defendant’s shooting Stoddard. The evidence for the state tended to show the guilt of the defendant, and the evidence introduced in behalf of the defendant tended to show that he acted in self-defense. The witness Stoddard testified that the defendant’s hat was knocked off, not in anger, but in play; that prior to that time he and the defendant had been friends; and…
2Cases cited7 opinions
- Andrews v. StateSupreme Court of Alabama · 1909
- Hair v. LittleSupreme Court of Alabama · 1856
- Linnehan v. StateSupreme Court of Alabama · 1897
- Furhman v. Mayor of HuntsvilleSupreme Court of Alabama · 1875
- McIntosh v. StateSupreme Court of Alabama · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Burton v. StateCourt of Criminal Appeals of Alabama · 1994
- Autrey v. StateSupreme Court of Alabama · 1933