Lawson v. State
Cases that cite this one
13 later published cases cite this decision.
- Stoutmire v. State (Ala. Crim. App. 1978)
- Hulen v. State (Ala. Ct. App. 1933)
- Wooten v. State (Ark. Ct. App. 1990)
- Lee v. State (Ala. Crim. App. 1988)
- Odom v. State (Ala. Crim. App. 1981)
- Hollingsworth v. State (Ala. Crim. App. 1978)
- Brown v. State (Ala. Crim. App. 1972)
- Burton v. State (Ga. 1899)
- State v. Godfrey (Or. 1889)
- Chapman v. State (Ala. 1885)
- State v. Sears (Mo. 1885)
- Clements v. State (Ala. 1874)
- Johnson v. State (Ala. 1860)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
To constitute an assault, there must be the commencement of an act, which, if not prevented, would produce a battery. — State v. Blackwell, 9 Ala. 79; State v. Davis, 1 Iredell’s Law R. 125; Bishop on Criminal Law, 409; 2 Archbold’s Criminal Law, (Waterman’s Notes,) 282-83; Roscoe’s Criminal Evidence, 287. The drawing of a pistol, without presenting or cocking it, is not the commencement of such an act. The court erred, therefore, in the charge given.
The judgment of the court below is reversed, and the •cause remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.