Drake v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Lee. Tried before the Hon. J. M. Carmichael. The appellant was indicted and tried for an assault with intent to murder one Robert Bennett, and was convicted of an assault and battery. Upon the trial of the cause, the evidence for the State tended to show that late in the afternoon of a day just before the finding of the indictment, the defendant assaulted Bob Bennett and cut him with a butcher knife.
Read the full summary
Appeal from the Circuit Court of Lee. Tried before the Hon. J. M. Carmichael. The appellant was indicted and tried for an assault with intent to murder one Robert Bennett, and was convicted of an assault and battery. Upon the trial of the cause, the evidence for the State tended to show that late in the afternoon of a day just before the finding of the indictment, the defendant assaulted Bob Bennett and cut him with a butcher knife. Against the objection and exception of the defendant, the State was allowed to introduce evidence to the effect that on the morning of the day of said difficulty,…
1Opinion of the CourtMcclellan, J.
The circuit court did not err in allowing the State to prove'that in.a difficulty or altercation which took place between the prosecutor and the defendant earlier in the day of the assault with intent to murder the prosecutor, for which defendant was being tried, the latter said: “I will see you later.” These words uttered under these circumstances prima facie import a threat, and are clearly admissible as such.—Lewis v. State, 84 Ala. 424; Wims v. State, 90 Ala. 623.
But, on the other hand, we are equally clear to the conclusion that the trial court did err in declining to allow the witness…
2Cases cited2 opinions
- Lawrence v. StateSupreme Court of Alabama · 1887
- Wims v. StateSupreme Court of Alabama · 1891
3Cited by12 opinions
- Wall v. StateAlabama Court of Appeals · 1911
- Jackson v. StateSupreme Court of Alabama · 1910
- Brindley v. StateSupreme Court of Alabama · 1915
- Catts v. PhillipsSupreme Court of Alabama · 1928
- Duke v. StateSupreme Court of Alabama · 1952
7 more not listed; retrieve them via the Exa API.