White v. State

Supreme Court of Alabama

White v. State

107 Ala. 132

CourtSupreme Court of Alabama

DecidedNovember 15, 1894

StatusPublished

Cited by5 cases

This text of 107 Ala. 132 (White 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

White v. State, 107 Ala. 132 (Ala. 1894).

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Opinion

HEAD, J.

If the charge requested by defendant had been limited to an acquittal of any assault, it would have been proper.—Lawson v. The State, 30 Ala, 15 ; Johnson, [133]*133v. State, 35 Ala. 363 ; Tarver v, State, 43 Ala. 354; Clements v. State, 50 Ala. 117 ; Simpson v. State, 59 Ala. 1; Chapman v. State, 78 Ala. 463. But under the evidence the defendant might have been lawfully convicted of an attempt to commit an assault. The charge, if given, would have denied the jury that right.

Affirmed.

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HEAD, J.

If the charge requested by defendant had been limited to an acquittal of any assault, it would have been proper.—Lawson v. The State, 30 Ala, 15 ; Johnson, [133]*133v. State, 35 Ala. 363 ; Tarver v, State, 43 Ala. 354; Clements v. State, 50 Ala. 117 ; Simpson v. State, 59 Ala. 1; Chapman v. State, 78 Ala. 463. But under the evidence the defendant might have been lawfully convicted of an attempt to commit an assault. The charge, if given, would have denied the jury that right.

Affirmed.

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Bluebook (online)

107 Ala. 132, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-state-ala-1894.

Opinion

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