Williams v. State
Supreme Court of Alabama
Appeal from Marengo Circuit Court. Heard before Hon. John T. Lackland. Tbe defendant was charged with assault with intent to murder one Johnson. It appears from the evidence that the defendant and the person assaulted were once husband and wife. The other facts sufficiently appear in the opinion. The court refused to give the defendant the following written charges: (1) General affirmative charge, with hypothesis.
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Appeal from Marengo Circuit Court. Heard before Hon. John T. Lackland. Tbe defendant was charged with assault with intent to murder one Johnson. It appears from the evidence that the defendant and the person assaulted were once husband and wife. The other facts sufficiently appear in the opinion. The court refused to give the defendant the following written charges: (1) General affirmative charge, with hypothesis. (2) “The court charges the jury that unless there is other evidence in this case, save that of Lewis Johnson, which convinces you beyond a reasonable doubt that the defendant'…
1Opinion of the Court
HARALSON, J. —
In any criminal proceeding against the husband or wife, for any bodily injury or violence inflicted, by the one upon the other, the wife or husband is. competent and compellable to testify. — Johnson v. State, 94 Ala. 54, 10 South. 427, and authorities there cited; 7 A. & E. Ency. Law (1st Ed.) 102; 30 A. & E. Ency. Law, (2nd Ed.) 955.
In all manner of offenses involving injury, the wife has always been allowed to testify directly against her husband, and where the husband is the injured party, he may testify against the wife. This comes as a matter of necessity, otherwise the…
2Cases cited2 opinions
- Allen v. StateSupreme Court of Alabama · 1885
- Griffin v. StateSupreme Court of Alabama · 1900
3Cited by7 opinions
- Fincher v. StateSupreme Court of Alabama · 1924
- Miller v. StateAlabama Court of Appeals · 1966
- Finney v. StateAlabama Court of Appeals · 1914
- Hall v. StateSupreme Court of Alabama · 1927
- Hancock v. StateSupreme Court of Florida · 1925
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