Opinion

Yates v. State

1927 Ala. App. LEXIS 70 · Alabama Court of Appeals · Feb 1, 1927

Full text

Yates v. State.

Opinions in this case

Majority
Majority — Samford
On rehearing

SAMFORD, J. The evidence for the state relative to the offense charged is: “The defendant struck at Noah Pace with a stick * * * each time he was on the outside of my picket fence and I was on the inside, out of his reach.” And again: “When defendant hit at Noah Pace with á stick he was not standing close enough to hit him; in fact Noah was out of reach of him and that is why he did not hit him.” An assault is an intentional attempt to strike, within striking distance, which fails of its intended effect either by preventive interference or by misadventure. Lane v. State, 85 Ala. 11, 4 So. 730. The defendant’s motion to exclude the evidence - should have been granted. . . ' The foregoing being .decisive of this appeal, other questions presented are not decided. The evidence for the state showing as it does that no crime has been committed, -it could serve no good purpose to remand this [106] cause. An order therefore will here be entered discharging the defendant. Reversed and rendered.

22 Ala. App. 105

113 So. 87

Cited by

Stoutmire v. State
Court of Criminal Appeals of Alabama · May 2, 1978
Bryant v. State
Court of Criminal Appeals of Alabama · Nov 21, 1972
Brown v. State
Court of Criminal Appeals of Alabama · Aug 15, 1972
Flournoy v. State
Alabama Court of Appeals · Sep 20, 1957
Taylor v. State
Alabama Court of Appeals · Jun 8, 1937

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