Ellis v. State
Alabama Court of Appeals
Appeal from Jefferson Criminal Court. Heard before Hon. A. H. Alston. Albert Ellis was convicted of an assault with intent to murder and he appeals.
1Opinion of the Court
EVANS, J. —
Appellant was indicted and convicted of an assault with intent to murder one Eugene Lowery.
(1, 2) Several written charges were requested by appellant which the court refused. Charge numbered first was properly refused. A similar charge was condemned in Prater’s Case, 107 Ala. 26, 18 South. 238. If this charge had hypothesized the “willful” false testimony, it would have been good. Charges second and third were as follows: “Second: If you believe from all the evidence that the defendant did not intend to take the life of said Eugene Lowery, then you must acquit him.
“Third: Before…
2Cases cited3 opinions
- Prater v. StateSupreme Court of Alabama · 1894
- Bell v. StateSupreme Court of Alabama · 1910
- Sankey v. StateSupreme Court of Alabama · 1900
3Cited by1 opinion
- Elmore v. StateAlabama Court of Appeals · 1933