Smith v. State, 7 Div. 641.
| Decision Date | 04 March 1930 |
| Docket Number | 7 Div. 641. |
| Citation | 128 So. 358,23 Ala.App. 488 |
| Parties | SMITH v. STATE. |
| Court | Alabama Court of Appeals |
Rehearing Denied March 25, 1930.
Appeal from Circuit Court, De Kalb County; A. E. Hawkins, Judge.
John Smith, Jr., was convicted of assault with intent to murder and he appeals.
Affirmed.
Chas J. Scott and C. A. Wolfes, both of Ft. Payne, for appellant.
Charlie C. McCall, Atty. Gen., for the State.
This appellant was indicted and convicted, as charged, for the offense of assault with intent to murder, alleged to have been committed by him upon one T. F. Green.
The corpus delicti was proven without dispute, there being no conflict in the evidence to the effect that upon the day in question the alleged injured party, while at work in his field, was fired upon with a gun, from ambush. He was wounded, numerous shots having entered his back, arm, neck and temple.
The injured party, Green, testified that the shot was fired at him from a distance of thirty-five or forty steps, and from behind a brush pile in the pasture of defendant's father. The field in which the assaulted man was working adjoined this pasture. Green testified: Mrs. T. F. Green, the wife, testified:
State witness Lizzie Pullen testified substantially as did Mrs. Green. There was other evidence of similar import.
The defendant, however, denied that he was the man who did the shooting, and testified that he was half a mile away when the shot was fired. Several other witnesses corroborated him in this statement. This conflicting testimony presented a jury question, and the trial proceeded throughout without error.
Appellant insists, however, that the court erred in overruling his motion for a new trial; the principal insistence in this connection is based upon the fifth ground of the motion, that of newly...
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...31 So.2d 99 33 Ala.App. 136 ADAMS v. STATE. 4 Div. 1.Alabama Court of AppealsApril 22, 1947 ... Rehearing ... evidence. Smith v. State, 23 Ala.App. 488, 128 So ... 358; Locklear v. State, 17 ... ...
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Taylor v. State, 4 Div. 847.
...Ala.App. 154, 58 So. 124; Davis et al v. State, 29 Ala.App. 421, 198 So. 153, certiorari denied 240 Ala. 160, 198 So. 155; Smith v. State, 23 Ala.App. 488, 128 So. 358, certiorari denied 221 Ala. 217, 128 So. The judgment of the lower court is due to be affirmed, and it is so ordered. Affir......