Crawley v. State
| Citation | 16 Ala.App. 545,79 So. 804 |
| Decision Date | 11 June 1918 |
| Docket Number | 7 Div. 540 |
| Parties | CRAWLEY v. STATE. |
| Court | Alabama Court of Appeals |
Rehearing Denied Oct. 8, 1918
Appeal from Circuit Court, Etowah County; J.E. Blackwood, Judge.
Pat Crawley, alias, was convicted of assault with intent to murder, and he appeals. Affirmed.
F. Loyd Tate, Atty. Gen., and Emmett S. Thigpen, Asst. Atty. Gen for the State.
The defendant was indicted, tried, and convicted for the offense of assault with intent to murder, and was sentenced to five years' imprisonment in the penitentiary.
The errors complained of on this appeal relate to the rulings of the court upon the evidence, and the refusal of the court to give several written charges requested by the defendant, and also to grant a new trial.
There was no error in overruling the objection to the testimony of state's witness Hightower relative to the wife of the defendant screaming immediately before the gun fired, as this testimony related clearly to the res gestae and was therefore admissible; and for like reason the objection to the testimony of Mrs. Hightower as to what took place between her and her husband at the very time of the shooting was also properly overruled.
On cross-examination of state's witness Hightower, he testified that his feelings towards the defendant were perfectly good, yet he had come all the way from Atlanta to attend the trial. It was not error, therefore, for the court to allow this witness, on redirect examination, to state that he had received a summons to attend the trial from the sheriff through the mail. It was clearly apparent that the defendant sought by this examination to show interest and feeling upon his part as against the defendant, and it was perfectly proper that this witness should be allowed to state the above facts relative to having received the summons to rebut the proposition of undue feelings and interest on his part.
The statements and conduct of the defendant prior to the shooting were of a self-serving character, and the court did not err in not permitting Mrs. Pat Crawley, wife of the defendant, to testify to these facts.
Charges A, B, and D were each properly refused. The indictment charged the defendant with assault with intent to murder, which charge also involves an assault, or an assault with a weapon, etc., misdemeanors comprehended and included in the felony charge, and these refused charges precluded the jury from a consideration of either of these offenses, and there was no error in their refusal.
Charge C was properly...
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Felder v. State, 3 Div. 701.
...(1 head note), 78 So. 309; Foster v. State, 16 Ala. App. 458 (6 head note), 78 So. 721; Crawley v. State, 16 Ala. App. 545 (9 head note), 79 So. 804; Elliott's Case, 16 App. 647, 81 So. 139; Powell v. Folmar, 201 Ala. 271, 78 So. 47; Hines' Case, 17 Ala. App. 509, 87 So. 696; Holcomb v. Sta......
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Crews v. State
... ... certain phases of the evidence, have been convicted of an ... attempt to manufacture whisky. When applied to an indictment ... charging a crime of which there are different degrees, charge ... 10 requested by defendant is misleading and is properly ... refused. Crawley v. State, 16 Ala.App. 545, 79 So ... This ... court did hold in Elliott v. State, 111 So. 762, ... that a charge similar to refused charge 14 was good and its ... refusal error. We again had the charge under consideration in ... Garrison v. State (8 Div. 651), 116 So. 706, where ... ...
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McMickens v. State
...for a new trial will not be reviewed, inasmuch as the record does not show what, if any, evidence was offered on the motion. Crawley v. State, 79 So. 804. According to the record, the summons and complaint in case of Eaton against the defendant was admitted in evidence, and error predicated......
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Pritchett v. State
... ... the defendant's testimony; not only in the court's ... discretion, but was permissible under the elementary rules of ... evidence ... The ... motion for a new trial is not presented for review. Acts ... 1915, p. 722; Crawley v. State, 16 Ala. App. 545, 79 ... So. 804; Powell v. Folmar, 201 Ala. 271, 78 So. 48 ... The ... record is free from error. Let the judgment of the circuit ... court stand affirmed ... Affirmed ... On ... Rehearing ... In ... order to grant the ... ...