Carter v. State
Supreme Court of Alabama
From the County Court of Jackson. Tried before the Hon. E. Scott Parks, as special judge. The defendant in this case was indicted for an assault on a young lady, pleaded not guilty to the charge, but was convicted, and fined one -cent.
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From the County Court of Jackson. Tried before the Hon. E. Scott Parks, as special judge. The defendant in this case was indicted for an assault on a young lady, pleaded not guilty to the charge, but was convicted, and fined one -cent. The evidence adduced on the trial, all of which is set out in the bill of exceptions, showed that the defendant, on the day of the assault, had been drinking all the morning, and was very drunk; that as the young lady passed him on the street, where he was sitting down, he got up and staggered after her, extending his hands, and declaring, with an oath, his…
1Opinion of the CourtSomerville, J.
It is unquestionably the law, that if the defendant intended to inflict personal violence on another person than the one assaulted, a mere mistake in the identity of the person would not excuse him. It was no justification of the assault charged in this case that the defendant was drunk, or that be erroneously believed the person assaulted to be a common prostitute. The charges of the court correctly stated the law on this, and other questions involved. The exceptions taken were all properly overruled.
Affirmed.
2Cited by3 opinions
- Seigel v. LongSupreme Court of Alabama · 1910
- Engelhardt v. StateSupreme Court of Alabama · 1889
- Rhodes v. StateAlabama Court of Appeals · 1912