Vickers v. State

Supreme Court of Alabama

Vickers v. State

54 So. 496, 170 Ala. 75, 1911 Ala. LEXIS 33

DecidedFebruary 9, 1911

StatusPublished

This text of 54 So. 496 (Vickers 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

Vickers v. State, 54 So. 496, 170 Ala. 75, 1911 Ala. LEXIS 33 (Ala. 1911).

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Opinion

ANDERSON, J.

While there ivas a conflict in the evidence as to whether or not the defendant committed [76]*76an assault and battery on Minnie Lageer, yet the undisputed evidence showed that he assaulted her husband, that he got after him with an iron rod, within a few feet, and caused him to flee.—Wilson v. State, 99 Ala. 194, 13 South. 427. The affidavit did not charge an assault on any particular person, and an election was not required as to the assault on the wife, and defendant could be convicted for - assaulting the husband. There was no battery on the husband, but the general charge given, at the request of the state, did not require a conviction for an assault and battery, but instructed merely a verdict of guilt with hypothesis.

The judgment of the circuit court is affirmed.

Affirmed.

Dowdeuo, C. J., and Sayre qnd Somerville, JJ., concur.

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ANDERSON, J.

While there ivas a conflict in the evidence as to whether or not the defendant committed [76]*76an assault and battery on Minnie Lageer, yet the undisputed evidence showed that he assaulted her husband, that he got after him with an iron rod, within a few feet, and caused him to flee.—Wilson v. State, 99 Ala. 194, 13 South. 427. The affidavit did not charge an assault on any particular person, and an election was not required as to the assault on the wife, and defendant could be convicted for - assaulting the husband. There was no battery on the husband, but the general charge given, at the request of the state, did not require a conviction for an assault and battery, but instructed merely a verdict of guilt with hypothesis.

The judgment of the circuit court is affirmed.

Affirmed.

Dowdeuo, C. J., and Sayre qnd Somerville, JJ., concur.

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Bluebook (online)

54 So. 496, 170 Ala. 75, 1911 Ala. LEXIS 33, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vickers-v-state-ala-1911.

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