Carter v. State

Supreme Court of Alabama

Carter v. State

87 Ala. 113

CourtSupreme Court of Alabama

DecidedDecember 15, 1888

StatusPublished

Cited by3 cases

This text of 87 Ala. 113 (Carter v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Carter v. State, 87 Ala. 113 (Ala. 1888).

Pincite

Opinion

SOMERVILLE, J.

It is unquestionably the law, that if the defendant intended to inflict personal violence on another person than the one assaulted, a mere mistake in the identity of the person would not excuse him. It was no justification of the assault charged in this case that the defendant was drunk, or that be erroneously believed the person assaulted to be a common prostitute. The charges of the court correctly stated the law on this, and other questions involved. The exceptions taken were all properly overruled.

Affirmed.

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SOMERVILLE, J.

It is unquestionably the law, that if the defendant intended to inflict personal violence on another person than the one assaulted, a mere mistake in the identity of the person would not excuse him. It was no justification of the assault charged in this case that the defendant was drunk, or that be erroneously believed the person assaulted to be a common prostitute. The charges of the court correctly stated the law on this, and other questions involved. The exceptions taken were all properly overruled.

Affirmed.

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Bluebook (online)

87 Ala. 113, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carter-v-state-ala-1888.

Opinion

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