Maxwell v. State
Alabama Court of Appeals
Appeal from Anniston City Court. Heard before Hon. A. H. Alston. Jolm Maxwell was convicted of selling intoxicating liquor, and lie appeals.
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Appeal from Anniston City Court. Heard before Hon. A. H. Alston. Jolm Maxwell was convicted of selling intoxicating liquor, and lie appeals. The following is a. part of the oral charge excepted to: “The fact that the three witnesses have come upon the stand and sworn that the witness Mason was not a man of good character, two swearing that they would not believe him upon his oath, and the other saying that he could not swear that, does not justify you in setting aside the testimony of the witness Mason until you have considered all of it in connection with all of the testimony that has been…
1Opinion of the Court
de GBAFFENRIED, J.
When an exception is taken to a part of an oral charge of a, court, then, unless the entire part of the charge to which the exception is taken is faulty as a whole, the exception fails.—Lacy v. State, 154 Ala. 65, 45 South. 680.
One sentence in the part of the oral charge, to which an exception was taken may be subject to criticism, and it may be, as claimed by counsel for the defendant, that it is vicious because it violates that provision of the Code (section 5362) which prohibits a court, ex mero motu, from charging the jury upon the effect of the evidence.—White v. State,…
2Cases cited2 opinions
- White v. StateSupreme Court of Alabama · 1895
- Lacey v. StateSupreme Court of Alabama · 1908
3Cited by5 opinions
- Pugh v. StateAlabama Court of Appeals · 1912
- Brock v. StateAlabama Court of Appeals · 1937
- Dunn v. StateAlabama Court of Appeals · 1913
- Gratton v. StateAlabama Court of Appeals · 1912
- Addington v. StateAlabama Court of Appeals · 1916