Frank v. State
Supreme Court of Alabama
From the Circuit Court of Barbour. Tried before the Hon. J. McCaeeb Wiley. The indictment in this case, which was found on the 9th November, 1865, charged “that Frank, alias Big Frank, a freedman, unlawfully, and with malice aforethought, assaulted W. C. Jordan, with the intent to murder him.”
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From the Circuit Court of Barbour. Tried before the Hon. J. McCaeeb Wiley. The indictment in this case, which was found on the 9th November, 1865, charged “that Frank, alias Big Frank, a freedman, unlawfully, and with malice aforethought, assaulted W. C. Jordan, with the intent to murder him.” The prisoner pleaded not guilty, and was tried at the May term, 1866, when he reserved the following bill of exceptions : “On the trial, the State proved by W. C. Jordan, who was the prosecutor, that he was the owner of the prisoner, who was a slave, up to the time of his emancipation; and that on the…
1Opinion of the CourtByrd, J.
The record purports to set out all the evidence introduced on the trial, and it shows that the prisoner offered none. Upon a demurrer to the evidence, and a joinder therein, the court should have given judgment for the prisoner; or, if a charge had been asked, that the prisoner could not be found guilty upon the evidence, the court should have given it. In the first case, no exception was necessary, in order for this court to revise the ruling of the court, if the demurrer had been overruled; in the latter, it may have been necessary that an exception should have been taken, if the charge had…
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