Caldwell v. State
Supreme Court of Alabama
Appeal from Bessemer City Court. Heard before Hon. William Jackson. A Jack Caldwell was convicted of assault and battery, with a weapon, and he appeals.
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Appeal from Bessemer City Court. Heard before Hon. William Jackson. A Jack Caldwell was convicted of assault and battery, with a weapon, and he appeals. The following charges were refused to the defendant: (5) “If the defendant cut Parsons under a bona fide belief that he was in impending danger to life or limb, and that he had under all the circumstances reasonable cause to believe that he was in imminent danger at the time the cutting was done, it would be immaterial whether there was such danger or not.” (15) “The court-charges the jury that proof of good character alone, when taken in…
1Opinion of the CourtMcCLELLAN, J.
The conviction was of an assault and battery with a Aveapon. The court erred in disallowing proof, offered by defendant, that the victim of the assault was proceeding against defendant civilly for damages suffered in consequence of it. This testimony was admissible for consideration by the jury in mitigation of fine, if such was to be assessed in this prosecution.— State v. Audrey, 1 Stew. 399; Phillips v. Kelly, 29 Ala. 628, 634, 635.
The court erred in permitting the solicitor to examine the defendant in respect of difficulties he had previously had with named persons. These questions would…
2Cases cited5 opinions
- Andrews v. StateSupreme Court of Alabama · 1909
- Kennedy v. StateSupreme Court of Alabama · 1903
- Phillips v. KellySupreme Court of Alabama · 1857
- Scott v. StateSupreme Court of Alabama · 1901
- State v. AuterySupreme Court of Alabama · 1828
3Cited by13 opinions
- Anderson v. StateSupreme Court of Alabama · 1922
- Helms v. StateSupreme Court of Alabama · 1950
- Brown v. StateAlabama Court of Appeals · 1946
- Alabama Power Co. v. GoodwinSupreme Court of Alabama · 1923
- Morrison v. StateSupreme Court of Alabama · 1957
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