Henderson v. State
Supreme Court of Alabama
Appeal from tlie City Court of Montgomery. Tric'd before tlie lion. 'William XL Thomas. Tlie appellant in this caw*. Porter Henderson, vas tric'd and convicted for obtaining money under false pretenses; it being charged that with the intent to defraud James T. Andrew, the defendant did falsely pretend that lie had earned from the Plant System Railway eighteen dollars., and that by means of such false pretenses, received, from Janies T. Andrew eighteen dollars.
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Appeal from tlie City Court of Montgomery. Tric'd before tlie lion. 'William XL Thomas. Tlie appellant in this caw*. Porter Henderson, vas tric'd and convicted for obtaining money under false pretenses; it being charged that with the intent to defraud James T. Andrew, the defendant did falsely pretend that lie had earned from the Plant System Railway eighteen dollars., and that by means of such false pretenses, received, from Janies T. Andrew eighteen dollars. There was evidence tending to show that tlie defendant was guilty as charged. The hill of exceptions contains the following recital…
1Opinion of the Court
TYSON, J.-
'Since the decision in Crosby v. Hutchinson, 53 Ala. 5, it has been uniformly held that the judgment of a trial court can not be reversed for its: refusal to give a charge asked, unless it appears that it was asked in writing as the statute, ('Code, § 3328), requires. This is upon the familiar principle that, all reasonable intendments must be indulged to support the judgment of a court of general jurisdiction, and that unless error is affirmatively shown by the record, no reversal can be had.
*85Tlie several charges refused, to defendant are not shown to have been in writing. This, of…
2Cases cited8 opinions
- Walker v. StateSupreme Court of Alabama · 1890
- Woodbury v. StateSupreme Court of Alabama · 1881
- Ricketts v. Birmingham Street Railway Co.Supreme Court of Alabama · 1888
- Foxworth v. Brown Bros.Supreme Court of Alabama · 1896
- Wheless v. RhodesSupreme Court of Alabama · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Bentley v. LawsonSupreme Court of Alabama · 1966
- Emergency Aid Life Ass'n v. GambleAlabama Court of Appeals · 1949
- Foote v. StateAlabama Court of Appeals · 1917
- Gilbert v. StateAlabama Court of Appeals · 1911
- Johnson v. StateAlabama Court of Appeals · 1912
4 more not listed; retrieve them via the Exa API.