Johnson v. State

Alabama Court of Appeals

Johnson v. State

5 So. 2d 646, 30 Ala. App. 328, 1942 Ala. App. LEXIS 155

CourtAlabama Court of Appeals

DecidedJanuary 13, 1942

Docket1 Div. 411.

StatusPublished

Cited by1 cases

This text of 5 So. 2d 646 (Johnson v. State) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Johnson v. State, 5 So. 2d 646, 30 Ala. App. 328, 1942 Ala. App. LEXIS 155 (Ala. Ct. App. 1942).

Pincite

Opinion

SIMPSON, Judge,

The defendant was convicted in the lower court of an assault with intent to murder, upon one Styron.

A study of the case reveals that the trial was properly and fairly conducted. No error of any kind is apparent in the record. The evidence for the State fully supported the verdict. That for the defendant amply sustained his plea of not guilty. In view of this conflict a jury question was presented.

Under the facts adduced, the defendant was properly denied permission to show that, in a former difficulty' between himself and Styron, Styron was at fault. McAnally v. State, 74 Ala. 9, 17. The trial court correctly followed the settled rule in such cases that the fact of a former difficulty between the principals was admissible, but the details thereof may not be proven. 11 Ala. Digest, Homicide, <®=5157 ■(3).

Finding no error, we think the judgment is due to be affirmed.

Affirmed.

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