Moore v. State
| Decision Date | 06 February 1908 |
| Citation | 45 So. 656,154 Ala. 48 |
| Parties | MOORE v. STATE. |
| Court | Alabama Supreme Court |
Appeal from City Court of Gadsden; Alto V. Lee, Judge.
George Moore was convicted of assault and battery, and he appeals. Affirmed.
Appellant was indicted for assault with intent to murder, convicted of assault and battery, and fined $250 by the jury. The court added six months' hard labor as a punishment. From this judgment the defendant appeals, and assigns as error the action of the court in adding the hard labor sentence certain objections to evidence, and the refusal to give certain charges. During the examination of John Crittenden, a witness for the state, the solicitor asked him this question "Didn't your wife tell George, as he entered the house, that you had hit her over the head with a bottle?" The record recites: The evidence tended to show that Crittenden was shot by the defendant in the left side; that there had been no trouble between them up to that time; that Crittenden was Moore's stepfather, and when Moore came in the house with a pistol in his hand his mother was sitting near the door with blood on her face, and Moore asked her what was the matter. A Mrs. Williams, who was in the house, said that nothing was the matter, and Mrs. Williams and Moore's mother grabbed him and began to scuffle with him for the pistol. During the scuffle the pistol was fired once or twice; one shot taking effect in Crittenden's side.
The following charges were refused to the defendant: (1) The general affirmative charge. (2) "There is no evidence in the case that defendant fired a shot at John Crittenden." (3) "There is no evidence in the case that the defendant fired a shot in the house of Elvira Crittenden." (4) "The court charges the jury that there is no evidence of malice in this case." (5) "The court charges the jury, if they believe all the evidence in this case, they cannot convict the defendant for an assault with intent to murder." (6) "The court charges the jury that, if they are satisfied reasonably from the evidence in this case that John Crittenden was shot while defendant and Elvira Crittenden and Hicksey Williams were scuffling over a pistol in defendant's hands, the defendant having no intention to shoot the defendant, then the defendant is not guilty of any offense."
Culli & Martin, for appellant.
Alexander M. Garber, Atty. Gen., for the State.
The defendant...
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Patton v. State
...Crump, Faucett, Nash, Tally, and Bradley were properly overruled; the evidence called for was not patently irrelevant. Moore v. State, 154 Ala. 48, 45 So. 656; Gunter v. State, 111 Ala. 23, 20 So. 632, Am.St.Rep. 17. The fact that deceased and his wife had separated, and the further fact th......
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