Smith v. State
| Decision Date | 31 December 1881 |
| Parties | Sidney Smith and Henry Smith v. The State. |
| Court | Tennessee Supreme Court |
OPINION TEXT STARTS HERE
FROM WILSON.
Appeal in error from the Circuit Court of Wilson County. ROBERT CANTRELL, J.
B. J. TARVER for Smith.
W. H. THOMA for The State.
Sidney Smith, and his son Henry Smith were indicted for an assault and battery of Brent Cox, the prosecutor. A severance was had, and each was tried and convicted upon substantially the same evidence, and the same charge of the court to the jury. Each appealed in error, and now relies upon the same ground of reversal.
Sidney Smith and the prosecutor were the joint owners of a mower, and, from something that had passed between them, Sidney Smith thought that he had sold his share to the prosecutor. On the day of the difficulty between them, a third person one Stewart, who had bought from the prosecutor his original interest in the mower, went to Smith's house to make a trade with Smith in relation to the machine. Smith denied having interest, and was requested by Stewart to go over and see the prosecutor. The defendant Henry also told his father to go, saying that the prosecutor owed him a little money, and that if he did not pay it there would be a fuss. On their way to the residence of the prosecutor, Stewart says he told Smith not to have any fuss, and he replied that he was so mad that he did not know what he was going to do. The prosecutor was hauling corn to his barn where the difficulty occurred. The elder Smith asked the prosecutor if he owned the machine, and he replied in the negative, saying that if he bought it, he was not going to take it, and was only joking. The defendant then cursed a good deal, and said the prosecutor was a liar and the truth was not in him. The prosecutor, who was standing on the rear end of the wagon, said he could not stand that, picked up an ear of corn, and jumped from the wagon. He then dropped the corn, and after a momentary halt, moved towards Smith, who perhaps met him half way, and struck him a pushing blow, which Smith endeavored to return. The elder Smith was pushed backwards against a box, and the younger Smith struck the prosecutor with a doubletree. The difficulty then ended, nobody being hurt. The son had said nothing, nor done anything until he struck the prosecutor. The prosecutor says he weighs 175 pounds, and is 35 years of age. The elder Smith is 65 years old. The age of the younger Smith is not given. Prosecutor had said he did not want to have a difficulty with defendant as he was an old man, and defendant replied that his age did not make a damn bit of difference.
The court charged the jury, amongst other things not excepted to as follows: ...
To continue reading
Request your trial