Jones v. State
Supreme Court of Alabama
Appeal from Geneva County Court. Heard before Hon. P. N. Hickman. ■ Tbe defendant ivas indicted, tried, and convicted for an assault and battery on Eva Boyett. The. questions raised on appeal are sufficiently stated in tbe opinion.
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Appeal from Geneva County Court. Heard before Hon. P. N. Hickman. ■ Tbe defendant ivas indicted, tried, and convicted for an assault and battery on Eva Boyett. The. questions raised on appeal are sufficiently stated in tbe opinion. The indictment should have been quashed. — Blevins v. The State,'68 Ala. 92; Joiner v. The State, 78 Ala: 448. The court erred in putting defendant on trial without the evidence of his witnesses. — Childers v. The State, 86 Ala: S4; Walker v. The Stale, 117 Ala. 88. Counsel discusses other assignments of error but cites no authority.
1Opinion of the CourtHaralson, J.
After all the evidence was introduced, as the bill of exceptions states, “the defendant requested the court to give the jury the following charges; each being in writing, and the court refused to give each *55charge, and the defendant reserved an exception thereto, separately.”
The case of Verberg v. State, 137 Ala. 74, 34 South. 848, 97 Am. St. Rep. 17, is decisive that these charges cannot be considered. The request was to give all the charges as an entirety, and if any one of them wás improper, there was no error in refusing the whole number. To the same effect is Johnson v. State, 141 Ala.…
2Cases cited7 opinions
- Bowen v. StateSupreme Court of Alabama · 1903
- Blevins v. StateSupreme Court of Alabama · 1880
- Agee v. StateSupreme Court of Alabama · 1897
- Collins v. StateSupreme Court of Alabama · 1885
- Gregory v. StateSupreme Court of Alabama · 1906
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3Cited by5 opinions
- Benton v. StateAlabama Court of Appeals · 1944
- McGowan v. MilnerSupreme Court of Alabama · 1915
- Rush v. StateSupreme Court of Alabama · 1950
- Birmingham Railway, Light & Power Co. v. LeachAlabama Court of Appeals · 1912
- Martin v. StateAlabama Court of Appeals · 1911