Curry v. State
| Citation | 25 So. 237,120 Ala. 366 |
| Parties | CURRY v. STATE. |
| Decision Date | 08 February 1899 |
| Court | Alabama Supreme Court |
Appeal from city court of Talladega; G. K. Miller, Judge.
John Curry was convicted of assault and battery, and he appeals. Affirmed.
The indictment under which the defendant was tried contained two counts. The first count charged the defendant with an assault with intent to murder one Frank Noble. The second count charged the defendant with assault with intent to murder Effie McKibbon. When the cause was called for trial, the defendant moved the court to quash the panel of the petit jury summoned for the trial of the cases in court that week upon the grounds (1) that such jury was not drawn according to law; (2) that such jury was selected and summoned by the sheriff from the citizens of Talladega county, qualified to serve as jurors, without reference to the jurors whose names were contained in the jury box of said county. The evidence for the state tended to show that, while Frank Noble and Miss Effie McKibbon were riding along a road in a buggy, the said Noble told the defendant and some other men who were walking along the road to get out of his way; that the defendant became incensed, and ran up behind the buggy and fired at said Noble and Miss McKibbon; and that Miss McKibbon was struck with a pistol ball. The evidence for the defendant tended to show that he did not fire the shot. Upon the submission of the cause to the jury, they returned the following verdict: "We, the jury, find the defendant guilty of assault and battery on the person of Frank Noble and assess the fine at five hundred dollar." The bill of exceptions recites that after the verdict was read by the clerk "the solicitor then stated to the court that there was no evidence of any battery on the person of Frank Noble and requested the court to so instruct the jury, and to explain what verdict they should find, which the court refused to do." The defendant then filed a motion to set aside the verdict of the jury upon the grounds that the verdict was contrary to the evidence, and that the verdict was contrary to the charge of the court, in that said charge did not authorize the jury to find the defendant guilty of an assault and battery upon Frank Noble. This motion was overruled. Thereupon the defendant filed a motion in arrest of judgment upon the following grounds: ...
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Elliott v. State, 1831
... ... misdemeanor. Code 1923, § 8697. That an assault with a ... weapon is included in the charge of an assault with intent to ... murder has been expressly decided in this State. Jones v ... State, 79 Ala. 23; Horn v. State, 98 Ala. 23, ... 13 So. 329; Curry v. State, 120 Ala. 366, 25 So ... 237; Payne v. State, 148 Ala. 609, 42 So. 988; ... Lovett v. State, 10 Ala.App. 72, 64 So. 643." See, also: ... State v. Graham, 120 S.C. 216, 112 S.E. 923; ... Reynolds v. State, 11 Tex. 120; Hussey v ... State, 144 Miss. 380, 109 So. 871; and ... ...
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Craven v. State
... ... misdemeanor. Code 1923, § 8697. That an assault with a weapon ... is included in the charge of an assault with intent to murder ... has been expressly decided in this State. Jones v ... State, 79 Ala. 23; Horn v. State, 98 Ala. 23, ... 13 So. 329; Curry v. State, 120 Ala. 366, 25 So ... 237; Payne v. State, 148 Ala. 609, 42 So. 988; ... Lovett v. State, 10 Ala.App. 72, 64 So. 643 ... Assignments ... of error 1 to 6, inclusive, have reference to the above ... insistence. From what has been said they cannot be sustained, ... as each ... ...
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McMickens v. State
...A motion in arrest of judgment is granted only on matters apparent on the record. Harris v. State, 153 Ala. 19, 49 So. 458; Curry v. State, 120 Ala. 366, 25 So. 237; Blount v. State, 49 Ala. 383; Holley State, 75 Ala. 14; Parsons v. State, 179 Ala. 23, 60 So. 864. The motion for a new trial......
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Lucas v. State
... ... 152; James' ... Case, 104 Ala. 20, 16 So. 94; Sampson's Case, 107 Ala., ... on page 80, 18 So. 207 ... There ... is no merit in the ground of the motion which relates to a ... severance, for the reason that there is nothing in the record ... upon which to base it. Curry's Case, 120 Ala. 366, 25 So ... There ... is no error in the record, and the judgment of conviction ... must be affirmed ... McCLELLAN, ... C.J., and TYSON, DOWDELL, SIMPSON, and ANDERSON, JJ., ... ...