Fantroy v. State

Supreme Court of Alabama

Fantroy v. State

51 So. 931, 166 Ala. 27, 1910 Ala. LEXIS 309

Supreme Court of Alabama·Decided February 26, 1910·Published·Cited by 6 cases

Opinion

SIMPSON, J.

The appellant was indicted for assault with intent to murder, and was convicted of assault and battery.

The only question raised in the record is as to the correctness of the action of the court in refusing to give [28] the charge requested in writing by the defendant. The charge requested in writing by the defendant, and refused by the court, is an exact copy of a charge which has been held to be good by this court.—Kennedy v. State, 140 Ala. 1, 6, 8, 37 South. 90. The court erred in refusing to give said charge.

The judgment of the court is reversed, and the cause remanded.

Reversed and remanded.

Dowdell, C. J., and Andeeson, Mayfield, and Sayre, JJ., concur. McClellan, J., dissents. Evans, J., not sitting.

Free access — add to your briefcase to read the full text and ask questions with AI

SIMPSON, J.

The appellant was indicted for assault with intent to murder, and was convicted of assault and battery.

The only question raised in the record is as to the correctness of the action of the court in refusing to give [28] the charge requested in writing by the defendant. The charge requested in writing by the defendant, and refused by the court, is an exact copy of a charge which has been held to be good by this court.—Kennedy v. State, 140 Ala. 1, 6, 8, 37 South. 90. The court erred in refusing to give said charge.

The judgment of the court is reversed, and the cause remanded.

Reversed and remanded.

Dowdell, C. J., and Andeeson, Mayfield, and Sayre, JJ., concur. McClellan, J., dissents. Evans, J., not sitting.

Fantroy v. State, 51 So. 931, 166 Ala. 27, 1910 Ala. LEXIS 309 (Ala. 1910).

Pincite

51 So. 931 (Fantroy v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related