Legal Opinion

Phillips v. State

Supreme Court of Alabama

Decided May 24, 1909PublishedCited by 14 opinions

Appeal from Monroe Circuit Court. Heard before Hon. John T. Lackland. George Phillips was convicted of assault with intent to murder, and appeals. The following* charges were refused to the defendant: “(1) Good character of the defendant, taken together with the other evidence in the case, is sufficient to generate a reasonable doubt. (2) I charge you that George Phillips had a legal right to be in said lot.

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Appeal from Monroe Circuit Court. Heard before Hon. John T. Lackland. George Phillips was convicted of assault with intent to murder, and appeals. The following* charges were refused to the defendant: “(1) Good character of the defendant, taken together with the other evidence in the case, is sufficient to generate a reasonable doubt. (2) I charge you that George Phillips had a legal right to be in said lot. (3) If you believe from all the evidence that tlxe defendant and Ed Faircloth were farming on shares, and that Mrs. Fair-cloth ratified the contract existing between them, and that George…

1Opinion of the CourtSayre, J.

Defendant was convicted of assault upon one Melton with the intent to murder him. The surgeon who- attended upon Melton after his injury testified to the nature and extent of his wound and to the course of the treatment, for it. The bill of exceptions recites that the defendant objected to parts of this testimony; but as to a number of the objections it is clearly inferable that they were not interposed to the questions which elicited the testimony in advance of the answers, nor does it appear that defendant had not abundant opportunity to object before the questions were answered. These…

2Cited by14 opinions

  1. Johnson v. StateSupreme Court of Alabama · 1916
  2. State v. DowellIdaho Supreme Court · 1929
  3. Lusk v. American Central InsuranceWest Virginia Supreme Court · 1917
  4. MacHen v. StateAlabama Court of Appeals · 1917
  5. Bodine v. StateAlabama Court of Appeals · 1922

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