Wims v. State
Supreme Court of Alabama
From the City Court of Anniston. Tried before the Hon. B. F. Cassady. Indictment against Bartow Wims, charging an assault on Sterling Newsom with intent to murder him. Plea, not guilty. Verdict of guilty, and sentence to penitentiary for the term of ten years.
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From the City Court of Anniston. Tried before the Hon. B. F. Cassady. Indictment against Bartow Wims, charging an assault on Sterling Newsom with intent to murder him. Plea, not guilty. Verdict of guilty, and sentence to penitentiary for the term of ten years. The prosecution proved on the trial, that on a night of December, 1889, while said Newsom was sitting in his house, some person discharged at him, through a window, a shot-gun loaded with slugs; and adduced evidence of the defendant’s subsequent confessions that he was the assailant. The opinion states the only ruling to which an…
1Opinion of the CourtColeman, J.
-The indictment is for an assault with intent to murder. Against the defendant’s objection, the court permitted a witness to testify, “that some time between Septem ber, 1889, and the time of the shooting (which occurred on the night of the 20th of December, 1889), the defendant, in a conversation had between him and witness, stated that said Sterling Newsom had arrested him for selling beer in Oxanna, and that any man who would do that was a d-son of a b-.” It has been long held to be the law in this State, that declarations made by a party previous to the occurrence of the offense are…
2Cases cited4 opinions
- McManus v. StateSupreme Court of Alabama · 1860
- Long v. StateSupreme Court of Alabama · 1888
- Barnes v. StateSupreme Court of Alabama · 1889
- Evans v. StateSupreme Court of Alabama · 1878
3Cited by4 opinions
- Drake v. StateSupreme Court of Alabama · 1895
- Little v. StateAlabama Court of Appeals · 1948
- Valentine v. StateAlabama Court of Appeals · 1923
- Little v. StateAlabama Court of Appeals · 1948