Salts v. State
| Decision Date | 07 September 1926 |
| Docket Number | 4 Div. 162 |
| Citation | 110 So. 169,21 Ala.App. 573 |
| Parties | SALTS v. STATE. |
| Court | Alabama Court of Appeals |
Rehearing Denied Oct. 26, 1926
Appeal from Circuit Court, Covington County; W.L. Parks, Judge.
Albert B. Salts was convicted of assault and battery, and he appeals. Affirmed.
Certiorari denied by Supreme Court in Salts v. State, 110 So 170.
J Morgan Prestwood, of Andalusia, for appellant.
Harwell G. Davis, Atty. Gen., and Chas. H. Brown, Asst. Atty. Gen and Powell & Reid, of Andalusia, for the State.
At the spring term, 1925 of the circuit court, the grand jury of Covington county found and returned into open court an indictment against this appellant, charging him with the offense of assault with intent to murder.
The demurrer to the indictment was properly overruled; it being evident that the letter "d" affixed to the word "charge" was a mere clerical misprision, and in no manner prejudiced the substantial rights of the defendant. The law is "An indictment must not be held insufficient, nor can the trial, judgment, or other proceedings thereon, be affected by reason of any defect or imperfection in any matter of form which does not prejudice the substantial rights of the defendant on the trial." Code 1923 § 4528.
The general rule is:
"If the sense of an indictment is clear, technical exceptions thereto should not be favorably regarded, and verbal inaccuracies or clerical errors which are explained and corrected by necessary intendment from other parts of the indictment, or errors of spelling not obscuring the sense, are not fatal." Gary v. State, 18 Ala.App. 367, 92 So. 533.
The trial in the court below resulted in a verdict by the jury of guilty of assault and battery, and a fine of $200 was assessed, to which the court added six months hard labor for the county. This verdict of the jury had the effect of acquitting the defendant of the felony charge, therefore all questions here presented which relate solely to the charge of assault with intent to murder, need not be discussed.
The alleged assault and battery by defendant upon the person named in the indictment being without dispute, it was proper for the court to allow the state to show the extent of the injuries thus inflicted, and also the physical condition of the person assaulted. The several exceptions to the rulings of the court in this connection are without merit.
The undisputed evidence disclosed that this appellant was the head saw filer for the Jackson Lumber Company at Lockhart, of which company J.W. Le Maistre, the injured party, was general manager; and, with the exception of about a two-month period he (the defendant), had occupied that position and lived in Lockhart since the 1st of September, 1907, more than 18 years. The alleged statement made by him in the barber shop immediately prior to his attack upon the general manager as testified to by state witness Hutchison, to wit: "Well, he told me that that was his last shave he intended to...
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Cook v. State, 6 Div. 489
..."by", Burk v. State, 22 Ala.App. 107, 114 So. 71, cert. denied, 216 Ala. 655, 114 So. 772 (1927); "charged" for "charge", Salts v. State, 21 Ala.App. 573, 110 So. 169, cert. denied, 215 Ala. 247, 110 So. 170 (1926); "controll" for "controlled", Henry v. State, 57 Ala.App. 383, 328 So.2d 634......
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Gordon v. State
... ... introduction being interposed, that its correctness be first ... established by the person who took the notes and transcribed ... them. Such was not done in this case. Dubose v ... State, 20 Ala.App. 193, 101 So. 911, certiorari denied, ... 212 Ala. 190, 101 So. 912; Salts v. State, 21 ... Ala.App. 573, 110 So. 169, certiorari denied 215 Ala. 247, ... 110 So. 170 ... Any ... person who was present and heard appellant's statements ... could have testified as to their content. This procedure was ... not however followed, but the unsigned writing ... ...
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