Davenport v. State
| Decision Date | 27 November 1896 |
| Citation | 20 So. 971,112 Ala. 49 |
| Parties | DAVENPORT v. STATE. |
| Court | Alabama Supreme Court |
Appeal from circuit court, Chilton county; W. D. Denson, Judge.
Andrew Davenport was convicted for pointing a pistol at another, and appeals. Affirmed.
The appellant was tried and convicted under an indictment charging that he "had presented a pistol at Hubbard Glasscock, against the peace and dignity of the state of Alabama." This indictment was found under the provisions of "An act to protect human life," which is as follows:
The defendant moved to quash, and strike the indictment from the file, upon the following grounds: (1) Because the statute under which the indictment is drawn is violative of section 2, art. 4, of the constitution, in that the subject of the law is not clearly expressed in its title; and (2) that the statute under which the indictment is founded is violative of section 27, art. 1, of the constitution. This motion was overruled, and the defendant duly excepted. Upon the hearing of the cause, as is shown by the bill of exceptions, the evidence for the state tended to show that, within 12 months before the finding of the indictment, while Hubbard Glasscock was passing along a road, he met the defendant; that there ensued a quarrel, in which the said Glasscock told the defendant he would whip him when he was released from arrest that the defendant replied, if he thought he could whip him, he had better get down and do it then; that Glasscock dismounted from his horse, and approached the defendant, who was standing on the opposite side of his wagon, and took from his pocket a pocketknife; and that, when within about 15 steps of the defendant, the latter drew his pistol, and pointed it at Glasscock, telling him to stop. There were several charges asked by the defendant seeking to justify defendant pointing the pistol at Glasscock upon the ground of self-defense. These charges were each refused, and the defendant separately...
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