Holmes v. State
Supreme Court of Alabama
Error to the Circuit Court of Montgomery. Tried before the Hon. John Gill Shorter. The plaintiff in error, William J. Holmes, was indicted for an assault and battery on one Anderson, and was convicted.
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Error to the Circuit Court of Montgomery. Tried before the Hon. John Gill Shorter. The plaintiff in error, William J. Holmes, was indicted for an assault and battery on one Anderson, and was convicted. A bill of exceptions was sealed on the trial by the presiding judge, the material parts of which are as follows : “ The State introduced one Murrah as a witness, who testified, that, on a day in April, 1852, his wife informed him, on his return home early in the morning of that day, that the de fendant had, during the absence of witness, used very abusiv e language towards her; that the witness…
1Opinion of the Court
CHILTON, C. J.'
-There is no principle better settled by numerous decisions of this court, than that the court cannot properly withdraw from the consideration of the jury any evidence which tends to establish the plaintiff’s case, or the defendant’s defence; and any charge which has this effect upon a fair construction of it, is erroneous. The rule is further settled, that when the record shows that an error has been committed against a party, injury will be presumed, unless the. record clearly shows that no injury resulted to him; and, as a further exposition of this latter rule, we may…
2Cases cited2 opinions
- Oliver v. StateSupreme Court of Alabama · 1850
- Pritchett v. MunroeSupreme Court of Alabama · 1853
3Cited by12 opinions
- Lewis v. StateSupreme Court of Alabama · 1874
- Woodbury v. StateSupreme Court of Alabama · 1881
- McClaine v. Territory of WashingtonWashington Supreme Court · 1890
- Wicks v. StateSupreme Court of Alabama · 1870
- Reynolds v. HartSupreme Court of Colorado · 1908
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