Johnson v. State

Decided December 15, 1881

Supreme Court of Alabama · decided 1881-12-15

Tried before lion. Ii. D. Clayton. This was a prosecution for an assault and battery commenced' against the appellant in the County Court of said county, and resulting in the defendant’s conviction in that court, was by Trim taken, by appeal, to thé Circuit Court, where, upon a trial Nad do novo, the defendant was again convicted.

Cited by 2 later decisions — most recently November 1898

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1881-12-15

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STONE, J.

¶1If the testimony of Squire Howard was believed, the jury rightly found that the defendant provoked and brought on the difficulty, and that he committed a battery on the prosecuting witness, by placing a pistol against his chin in an angry and insulting manner. This disabled the defendant from invoking the doctrine of self-defense. See authorities on the brief of the Attorney-General. The rulings of the Circuit Court were in harmony with these views. There is nothing in the other question raised.

¶2Affirmed.