Randolph v. State

Alabama Court of Appeals

Randolph v. State

129 So. 320, 23 Ala. App. 576, 1930 Ala. App. LEXIS 183

CourtAlabama Court of Appeals

DecidedJune 24, 1930

Docket8 Div. 950.

StatusPublished

This text of 129 So. 320 (Randolph v. State) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Randolph v. State, 129 So. 320, 23 Ala. App. 576, 1930 Ala. App. LEXIS 183 (Ala. Ct. App. 1930).

Pincite

Opinion

SAMFORD, J.

The defendant was positively identified by the assaulted party as being the person whom she charged with an attempt to criminally assault her. The question was submitted to the jury under the charge of the court. Embraced in the charge is not only the higher degree of assault to rape but the lower degrees of assault and battery and a simple assault. Therefore refused charge B was misleading.

There was no legal evidence connecting “Jabo” with the commission of the crime; hence refused charge D was abstract.

The mere fact that Jabo bore some slight resemblance to defendant and some three or four days after the alleged crime left the community would not tend to connect Jabo with the crime, and hence charge X was properly refused.

Refused charge T singles out a part of the evidence to the exclusion of all the other evidence in the case, and refused charge Z is argumentative.

We find no prejudicial error in the record, and the judgment is affirmed.

Affirmed.

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