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Millsaps v. Shotwell (Miss.)..

359

982

Millsaps, Yazoo & M. V. R. Co. v. (Miss.).. 672
Mirandona v. Burg (La.).
Mississippi Cotton-Oil Co., Brooks v. (Miss.) 479
Missouri. K. & T. Trust Co. v. Smart La.) 443
M. J. Fitch Paper Co. v. Hickson (Fla.)...1032
Mobile, J. & K. C. R. Co. v. Owen (Ala.).. 612
Mobile & O. R. Co. v. Hester (Ala.).
Mobile & O. R. Co. v. Waters (Miss.). .1038
Moll, In re (La.).

220

Northen v. Hanners (Ala.). Norton v. Kumpe (Ala.). Nott v. State Nat. Bank (La.).

New York Steam Dye Works v. Frazier
(Ala.)
Nichols v. Kendrick (Miss.).
Nichols, Rike v. (Ala.).
Nixon v. City of Biloxi (Miss.).
Noble v. Campbell (Ala.)..
Norman, Board of Aldermen of Opelousas v.
(La.)

1026

.1038

.1019

664

1026

401

817

841

475

141

Moll v. Sbisa (La.).

141

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Monroe Building & Loan Ass'n v. Johnston (La.)

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Monroe County, Weiler v. (Miss.).

352

Ogletree, Mutual Reserve Fund Life Ass'n

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Monroe Nat. Bank, J. A. Fay & Egan Co. v.

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(La.)

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Montague, Wallen v. (Ala.).

773

Oldacre v. Stuart (Ala.).

38

Monteleone, Hinnricks v. (La.).

546

Oliver, Smith v. (Ala.).

.1027

Montgomery v. Thomas (Fla.).

62

Montgomery, Alabama G. S. R. Co. v. (Miss.)

Ong-Hiller Co. v. Fidelity & Deposit Co. of Maryland (La.).

973

..1035

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Orleans Levee Board, Koerber v. (La.). O'Rourke v. New Orleans City & L. R. Co. (La.)

415

323

Moore v. Drew (La.).

402

O'Shee, Town of Alexandria v. (La.).

382

Moore, Bigbee & W. R. Packet Co. v. (Ala.) 602 | Overstreet, Angas v. (Fla.)..

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Silver Springs & W. R. Co. v. St. Petersburg State Bank (Fla.)..

1033

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779 Simmons v. State (Fla.).
673 Simmons v. State (Fla.).
766 Simmons v. State (Miss.).
918 Simmons, Foote v. (Miss.).
1036 Simmons, Levy v. (Fla.).
.1027 Simmons. Pollock v. (Miss.).
769 Simms, Ex parte (Fla.)..
937 Simon, Trahan v. (La.).
214 Simons v. Lewis (La.).
.1031 Sims v. State (Ala.)..
700 Sincer v. Alverson (La.).
Sinegal, State v. (La.),

Richberger, American Exp. Co. v. (Miss.).. 1035

62

881

1038

1037

1032

563

280

374

406

33

650

880

957

39

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Rightor, State v. (La.)..

972

Rike v. Nichols (Ala.).

Smart, Missouri, K. & T. Trust Co. v. (La.) 443 1019 Smith v. Oliver (Ala.).

1027

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Southern Fertilizer Co., Pollard v. (Ala.).. 169
Southern Home Building & Loan
Gillespie (Ala.)
Southern R. Co. v. Eidson (Miss.).
Southern R. Co. v. Guyton (Ala.).
Southern R. Co. v. Hassell (Miss.).
Southern R. Co. v. Shields (Ala.).
Southern R. Co., Hamlin v. (Miss.).
Southern R. Co., Lucas v. (Ála.).
Southern R. Co.. Shorter v. (Ala.).

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Ass'n v.

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564

State, Eggart v. (Fla.).

144

1039

State, Ellis v. (Ala.).

1

34

State, Evans v. (Ala.).

175

1039

State, Fields v. (Ala.).

726

811

State, Gafford v. (Ala.).

10

295

State, Garner v. (Miss.).

363

219

State, Handy v. (Ala.).

1023

853

State, Hardy v. (Miss.)..

1037

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State v. American Sugar-Refining Co. (La.) 447 State, McClellan v. (Ala.).

158

725

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State, McLeroy v. (Ala.).. State, McQueen v. (Ala.). 951 State, McRae v. (Ala.). 279 State, Marshal v. (Ala.). 104 State, Martin v. (Ala.). 648 State, Maxwell v. (Ala.). 394 State, Nabors v. (Ala.). 384 State, Odam v. (Ala.).

93 State, O'Hara v. Ala.).. 109 State, Quinn v. (Ala.). 396 State, Ray v. (Ala.)..

247

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State, Brown v. (Fla.)..
State, Browning v. (Fla.).
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State, Burden v. (Ala.).
State. Butler v. (Ala.)..
State, Canfield v. (Miss.).
State. Carter v. (Ala.)...
State, Case v. (Miss.)....
State. Curry v. (Ala.)..
State. Davis v. (Ala.).
State, Draughn v. (Miss.).

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Torbert, Treadwell v. (Ala.).

Torre v. Jeannin (Miss.).

Threefoot, Standard Guano Co. v. (Miss.)..1039

216 White, Western Assur. Co. v. (Miss.). 860 White Sewing-Mach. Co. v. Saxon (Ala.)... 784 Torrey, Birmingham Shoe Co. v. (Ala.). 763 White Sewing-Mach. Co., Chapman v. Town of Alexandria v. O'Shee (La.). Town of Lake Maitland, Dawson v. (Fla.)..1029 Towns v. Towns (Ala.). Trahan v. Simon (La.).

Wheeler & Wilson Mfg. Co. v. Johns (Fla.). 1034 836 White v. State (Miss.).

.1039 494

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382

(Miss.)

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374

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Whitman v. Owen (Miss.).
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Whitney v. Water Valley (Miss.).
863 Wilder v. Myrick (Fla.).
194 Willet v. Andrews (La.).
216 Williams v. Bernstein (La.).
.1028 Williams v. State (Fla.).
.1039 Williams v. Woods (Ala.)..
828 Williams, Davis v. (Ala.).

669

.1030

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411

143

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Tyson Co., Disston v. (Fla.).

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Union Bank & Trust Co., Gilreath v. (Ala.) 581
Union Inv. Co., McGuire v. (Miss.)...

367

Wills Val. Min. & Mfg. Co., Etowah Min.
Co. v. (Ala.)..
Wilson v. Alston (Ala.).

720

225

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THE

SOUTHERN REPORTER.

VOLUME 25.

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DENCE-REASONABLE DOUBT-CONSPIRACY. 1. On a prosecution for assault with intent to murder, evidence of a previous difficulty with the person assaulted, tending to show malice of the accused in making the assault, is competent.

2. An accused, on cross-examination of a witness who testifies that he saw two sets of men's tracks in a field where a previous difflculty was shown by the prosecution to have occurred, may show the size and shape of the tracks, in rebuttal of the evidence as to the difficulty.

3. An instruction that an accused, answering a charge of crime by plea of self-defense, must, to be acquitted, be "entirely free from fault in bringing on the difficulty,' is not erroneous, since the word "entirely" exacts no higher degree than the expression "free from fault."

4. A definition of "reasonable doubt" as "doubt for which a reason may be assigned" is correct.

5. Where, on a prosecution for assault with intent to murder, there is evidence to prove and disprove a conspiracy between accused and another, an instruction that, to convict, it was not necessary for the jury to find that there was such a conspiracy, is proper.

6. An instruction that if the sole purpose actuating accused to stab a person was revenge for a wrong previously done him, whether real or fancied, the act was done with malice, is not erroneous, where the stabbing is not denied, and there is evidence that it was done for revenge.

7. Passion engendered by mere words, or by information communicated by another, will not serve to reduce a felonious assault to a simple assault.

Appeal from city court of Montgomery; A. D. Sayre, Judge.

John Ellis was convicted of assault with intent to murder, and he appeals. Reversed.

On the trial of the case, the state introduced as a witness one Jack White, who testified that, a short time before he appeared before the grand jury that found the indictment against defendant, the defendant attacked him, and stabbed him several times with a knife; that the facts of the difficulty were as follows: He was going along the public road with several other persons, and as he approached the defendant he was standing near 25 So.-1

the side of the road; the latter beckoned to him to stop; that, as he (the witness) went up to the defendant, the defendant grabbed him with one hand, and began to stab him with a knife which he held in the other, saying to him that "you told Mr. Chestnut"; that the witness did not offer to strike the defendant, and had no weapon of any sort in his hand; that, as the defendant was stabbing him, Jim Williams came up, and, pointing a gun at the witness, told the other people to stand back, and not to interfere. The defendant requested the court to give to the jury the following written charges, and separately excepted to the court's refusal to give the same as asked: "If the defendant attacked Jack White unlawfully, but made such attack, not from malice aforethought, but from passion aroused by recent knowledge that Jack White had falsely accused him of a felony, you may look at this to determine the grade of offense committed by defendant."

Joseph Callaway, for appellant. Charles G. Brown, Atty. Gen., for the State.

DOWDELL, J. The appellant was tried and convicted on an indictment for an assault with intent to murder. Upon the trial the state introduced testimony tending to show the felonious character of the assault. Jack White, the assaulted party, among other things, testified as follows: "What started the trouble was this: The night before the difficulty, I was watching a field for Mr. Chestnut, as for several nights previous to this some person or persons had been stealing from it. While I was so watching, I saw Jim Williams and defendant stealing from this field, and shot at them. In reply, defendant snapped a cap at me. After this, both ran off. The next day, I told Mr. Chestnut what happened in the field the night before." This testimony, no doubt, was offered to prove a previous difficulty, and as tending to show malice on the part of the defendant in making the assault for which he was on trial, and for that purpose was competent.

On the cross-examination by the defendant of the state's witness, Mr. Chestnut, the defendant sought to show by the witness, who

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