Pearson v. State
Alabama Court of Appeals
Assault and Battery. Appeal from Coosa Circuit Court. Heard before Hon. S. L. Brewer. Lee Pearson was convicted of an assault with a weapon, and he appeals. The defendant was charged with having assaulted Hilliard Palmer with intent to murder him. The weapon used was a piece of scantling about three inches wide, two inches thick, and about three feet long.
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Assault and Battery. Appeal from Coosa Circuit Court. Heard before Hon. S. L. Brewer. Lee Pearson was convicted of an assault with a weapon, and he appeals. The defendant was charged with having assaulted Hilliard Palmer with intent to murder him. The weapon used was a piece of scantling about three inches wide, two inches thick, and about three feet long. The following charges were refused the defendant: (1) The court charges the jury that, if you are reasonably satisfled from the evidence in this case that Palmer willfully swore falsely that he was not drunk or drinking at the time he…
1Opinion of the CourtPelham, P. J.
The only questions discussed by defendant’s counsel in brief relate to the refusal of the trial court to give the written instructions numbered 1, 3, and 6, requested by the defendant.(1) To put the court in error for refusing charge No. 1, it would be necessary to say that the court was required to charge as a matter of law that whether or not the prosecuting witness was drinking (drunk and drinking being disjunctively predicated in the charge) at the time of the alleged assault was a material fact as related to the evidence in the case. We do not think the evidence justifies this…
2Cases cited11 opinions
- Jordan v. StateSupreme Court of Alabama · 1886
- Ex parte DavisSupreme Court of Alabama · 1913
- Ala. Great Southern Railroad v. FrazierSupreme Court of Alabama · 1890
- McClellan v. StateSupreme Court of Alabama · 1897
- Alabama Steel & Wire Co. v. GriffinSupreme Court of Alabama · 1907
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3Cited by4 opinions
- Cunningham v. StateAlabama Court of Appeals · 1915
- Reynolds v. StateSupreme Court of Alabama · 1916
- Taylor v. StateAlabama Court of Appeals · 1919
- Lawman v. StateAlabama Court of Appeals · 1922