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...
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Fidelity-Phenix Fire Ins. Co. of New York v. Murphy
- United States
- Alabama Supreme Court
- 23 Enero 1936
... ... It ... was offered by defendant for the purpose of disqualifying ... plaintiff as a witness. The case of State ex rel ... Sanford, Solicitor, v. Riddle, 213 Ala. 430, 105 So ... 259, presented for application a different statute from ... section 7722 of ... interest on Roddy's part, it was not admissible evidence ... as affecting others of the alleged conspiracy. Everage et ... al. v. State, 113 Ala. 102, 21 So. 404; Ferguson v ... State, 134 Ala. 63, 32 So. 760, 92 Am.St.Rep. 17; ... National Park Bank v ... ... -
Bachelor v. State
- United States
- Alabama Supreme Court
- 5 Mayo 1927
...affirmation was voluntarily made. Delaney v. State, 204 Ala. 685, 87 So. 183; Rowlan v. State, 14 Ala.App. 17, 70 So. 953; Everage v. State, 113 Ala. 102, 21 So. 404; Blair v. State, 211 Ala. 53, 99 So. 314; v. State, 171 Ala. 19, 55 So. 159; Whitehead v. State, 16 Ala.App. 427, 78 So. 467....... -
Ingle v. State
- United States
- Alabama Court of Criminal Appeals
- 8 Junio 1982
...is reversible error. Delaney v. State, 204 Ala. 685, 87 So. 183 (1920); James v. State, 115 Ala. 83, 22 So. 565 (1897); Everage v. State, 113 Ala. 102, 21 So. 404 (1897); Gore v. State, 58 Ala. 391 (1877); Guntharp v. State, 54 Ala.App. 363, 308 So.2d 722, cert. quashed, 293 Ala. 756, 308 S...... -
Edwards v. State
- United States
- Alabama Supreme Court
- 3 Marzo 1966
...conspirators were present when they were made. The court erred in declining to so limit the effect of this evidence.' Everage v. State, 113 Ala. 102, 103, 21 So. 404. 'The appellant was indicted and convicted of robbery. On the trial one James Bowling, who had pleaded guilty and was not on ......