Report of Cases Argued and Determined in the Supreme Court of Alabama, During December Term, 1877, Vol. 59 (Classic Reprint)
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Excerpt from Report of Cases Argued and Determined in the Supreme Court of Alabama, During December Term, 1877, Vol. 59
The defendant was indicted at the July term, 1879, for an assault with intent to murder Michael Ford. The bill of exceptions in this case shows, that Michael Ford owned and resided on a lot near the city of Montgomery, and that defendant owned and resided on a tract of land adjoining, and west of the lot of Ford. The two lots were divided by a line fence five feet high, made of plank placed closely together. The residence of the defendant was on the west side of his premises, and fronted to the west, and the rear or eastern part of the lot adjoined Ford's. This' constituted defendant's garden, in which he raised vegetables for market. It, as well as a large part of Ford's lot, had been subject to over¿ow. To protect his land from inundation, the defendant had made a semi-circular embankment about four feet high around his garden, with a ditch on its outside, but inside of the line fence, and on the property of the de fendant.
The said Ford testified, that about daylight on the third day of April, 1877, he went down into his field to replace dirt around his potatoes, and when he had reached a point about the width ofa street from the line fence between him self and Simpson, he was shot by some person unknown. He heard the report, and saw the flash of the gun, but did not see any person. The gun appeared to have been shot from the ditch of the defendant. Three shot took effect upon his face, one putting out his left eye, and one in his neck, penetrating the larynx.
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