Dick v. State
Supreme Court of Alabama
From the Circuit Court of Dale. Tried before the Hon. Jesse M. Carmichael. • The defendant in this case was indicted for rape, was convicted, and sentenced to the penitentiary for life. The order for the special venire is set out in the opinion of the court.
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From the Circuit Court of Dale. Tried before the Hon. Jesse M. Carmichael. • The defendant in this case was indicted for rape, was convicted, and sentenced to the penitentiary for life. The order for the special venire is set out in the opinion of the court. The bill of exceptions, after setting out the testimony of the prosecutrix, contains the following statement as to the charge (or charges) given by the court: “The court, at the instance of the State, gave the following charge in writing: It is the duty of the jury, in considering what [weight?] they will give to the evidence of the…
1Opinion of the CourtStone, C. J.
The charge of the court, as shown in the bill of exceptions, is not divided into sections, paragraphs, or separate divisions. The exception is, “to the giving of each of which the defendant then and there severally excepted.” We have many times ruled that an exception thus reserved is equivalent to a general exception to the whole charge, and will not be considered by us, unless the charge is faulty in each principle it asserts. — 3 Brick. Digest, 80, 34, 37. Some of the principles announced in the charge, if stated separately, we might consider misleading, if not erroneous; but the assertion…
2Cases cited6 opinions
- Jackson v. StateSupreme Court of Alabama · 1884
- Shelton v. StateSupreme Court of Alabama · 1882
- Floyd v. StateSupreme Court of Alabama · 1876
- Posey v. StateSupreme Court of Alabama · 1883
- Morrison v. StateSupreme Court of Alabama · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. HartUtah Supreme Court · 1894
- Maxwell v. StateAlabama Court of Appeals · 1914
- James v. StateAlabama Court of Appeals · 1914
- Bradley v. ClaudonAppellate Court of Illinois · 1892
- People v. BerlinUtah Supreme Court · 1894