Everage v. State

• Decision Date: 02 February 1897
• Citation: 21 So. 404,113 Ala. 102
• Parties: EVERAGE ET AL. v. STATE.
• Court: Alabama Supreme Court

21 So. 404

113 Ala. 102

EVERAGE ET AL. v. STATE.

Supreme Court of Alabama

February 2, 1897

Appeal from circuit court, Crenshaw county; John R. Tyson, Judge.

Dick Everage and others were convicted of conspiring to commit an assault, and of an assault committed in pursuance of the conspiracy, and appeal.Reversed.

Gamble & Bricken, for appellants.

Wm. C Fitts., Atty. Gen., for the State.

McCLELLAN J.

The issue being whether the defendants agreed and conspired together to whip Jack Cox, the witness Dave King testified as follows: "Dick Everage[one of the defendants] asked me what I knew about the Johnnie White Cap fellows.He wanted to know if I saw a light come from his house that Sunday night before.He asked me, 'Did I heard any one call out the Reeves boys'[also defendants].I told him, 'No.'He said that he had heard that I did.He turned around, and said, 'While you are following up weJohnnie White Cap fellows you had better attend to your own business."'And the witness Tisdale testified, in substance, that, soon after the alleged whipping of Jack CoxDick Everage told him that "he belonged to a band bound by oath to whip sassy negroes"; and that Furney Everage some of the Reeves boys, Luke Hardin, George and Jess Reeves who are defendants, also belonged to this band.The defendants' counsel moved severally to exclude...