Whitehead v. State

Supreme Court of Alabama

Whitehead v. State

118 Ala. 668

DecidedNovember 15, 1897

StatusPublished

This text of 118 Ala. 668 (Whitehead 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

Whitehead v. State, 118 Ala. 668 (Ala. 1897).

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Opinion

The appellants were indicted, tried and convicted for an assault, and battery. There was evidence tending to identify one of the defendants named Koskrey as one of the men who were present at and participated in the alleged offense. On appeal it is held that it was for the jury to determine the weight of this evidence; and that the court very properly refused to take this consideration from them by instructing them to acquit Koskrey, if they believed the evidence. The other charges requested by the defendant are held to have been properly refused, since they tended to mislead the jury. The judgment of conviction is affirmed.

Opinion by

McClellan, J.

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The appellants were indicted, tried and convicted for an assault, and battery. There was evidence tending to identify one of the defendants named Koskrey as one of the men who were present at and participated in the alleged offense. On appeal it is held that it was for the jury to determine the weight of this evidence; and that the court very properly refused to take this consideration from them by instructing them to acquit Koskrey, if they believed the evidence. The other charges requested by the defendant are held to have been properly refused, since they tended to mislead the jury. The judgment of conviction is affirmed.

Opinion by

McClellan, J.

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Bluebook (online)

118 Ala. 668, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whitehead-v-state-ala-1897.