White v. State
107 Ala. 132
Opinion
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] v. 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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White v. State, 107 Ala. 132 (Ala. 1894).
107 Ala. 132 (White v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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