Benson v. State
Supreme Court of Alabama
From the Circuit Court of Chilton. , Tried before the Hon. James E. Cobb. The bill of exceptions in this case states that, after the evidence was closed, the defendant asked the court, in writing, to charge the jury, “that unless they find from the evidence, beyond a reasonable doubt, that the defendant used the exact words charged in the indictment, they must find the defendant not guilty.” The court refused this charge, and the defendant excepted to its refusal.
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From the Circuit Court of Chilton. , Tried before the Hon. James E. Cobb. The bill of exceptions in this case states that, after the evidence was closed, the defendant asked the court, in writing, to charge the jury, “that unless they find from the evidence, beyond a reasonable doubt, that the defendant used the exact words charged in the indictment, they must find the defendant not guilty.” The court refused this charge, and the defendant excepted to its refusal. After conviction, the defendant moved to set aside the verdict, and to arrest the judgment, “on the ground that the indictment was…
1Opinion of the CourtSomerville, J.
The indictment in this case charges the defendant with making use of abusive, insulting, or vulgar language, in or near the dwelling of one James Hill, in the presence of a member of the family, contrary to the provisions of section 4208 of the Code. No question arises on the form of the indictment, and the words alleged to have been used are duly set out.
The rule is, when certain language or words are averred in an indictment to have been spoken or used, it is sufficient if there is a substantial accordance between the allegation and the proof. If the words are substantially proved as. laid,…
2Cases cited1 opinion
- Linam v. ReevesSupreme Court of Alabama · 1880
3Cited by4 opinions
- Roan v. StateSupreme Court of Alabama · 1932
- Coburn v. StateSupreme Court of Alabama · 1907
- Brown v. StateSupreme Court of Alabama · 1990
- Brown v. StateSupreme Court of Alabama · 1990