Little v. State
Supreme Court of Alabama
Appeal from Circuit Court of Baldwin. Tried before Hon. H. T. ToulmiN. The appellant Little was convicted of an assault with the intent to murder one Daniel Weaver. The testimony showed that the night previous to the day on which the assault was made, Weaver, and others, “were out after, or looking for, John Little, brother of defendant.”
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Appeal from Circuit Court of Baldwin. Tried before Hon. H. T. ToulmiN. The appellant Little was convicted of an assault with the intent to murder one Daniel Weaver. The testimony showed that the night previous to the day on which the assault was made, Weaver, and others, “were out after, or looking for, John Little, brother of defendant.” The next morning the defendant, riding on a mule, saw Weaver on tbe road, and coming up within twenty paces of him, remarked, “you little son of a bitch, who in the hell can you arrest ?” and at the same time pointed his pistol at Weaver and snapped it. One…
1Opinion of the CourtManning, J.
The first of the assignments of error in this cause, relates to what purports to be a charge, number 2, which, though set forth on the first page of this record, is not contained in the bill of exceptions signed by the judge, and is not marked “refused,” or “given,” according to section 3109 of the Code of 1876. It, therefore, constitutes no part of the case, ought not to have been copied into the record, and affords no basis for an assignment of error.
*267We call attention to tbe fact, that section 3109, aboye referred to, concerning charges of tbe court to tbe jury, asked by either party in…
2Cases cited1 opinion
- Williams v. StateSupreme Court of Alabama · 1875
3Cited by10 opinions
- Batson v. State Ex Rel. DavisSupreme Court of Alabama · 1927
- Stinson v. StateSupreme Court of Alabama · 1931
- Griffin v. StateSupreme Court of Alabama · 1909
- Dryman v. StateSupreme Court of Alabama · 1893
- Mosely v. StateAlabama Court of Appeals · 1923
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