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Lawson v. State

30 Ala. 14
CourtSupreme Court of Alabama
DecidedJanuary 15, 1857
StatusPublished
Cited by17 cases

This text of 30 Ala. 14 (Lawson 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
Lawson v. State, 30 Ala. 14 (Ala. 1857).

Opinion

WALKER, J.

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.

Rice, C. J., not sitting.

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Bluebook (online)
30 Ala. 14, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lawson-v-state-ala-1857.