Paul v. State
Supreme Court of Alabama
From the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. The defendant was tried and convicted under an indictment charging him with carnal knowledge, or abuse in the attempt to carnally know, a girl under ten years of age. Testimony was introduced by the prosecution tending to show the guilt of the defendant, and the defendant introduced testimony in rebuttal, and also offered testimony showing his good character in the neighborhood in which he lived.
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From the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. The defendant was tried and convicted under an indictment charging him with carnal knowledge, or abuse in the attempt to carnally know, a girl under ten years of age. Testimony was introduced by the prosecution tending to show the guilt of the defendant, and the defendant introduced testimony in rebuttal, and also offered testimony showing his good character in the neighborhood in which he lived. After laying the proper predicate defendant proved that one of the witnesses for the prosecution made statements, at…
1Opinion of the CourtColeman, J.
The defendant requested the -court to give two charges to the jury, both of which are set out in the statement of facts, the refusal of which constitute the errors assigned. Conceding .that the difference between the first charge requested and refused and the principle of law as stated in the case of Grimes v. The State, 63 Ala. 166 to be merely clerical, there was no error in refusing it. No charge should be given when its application involves the assumption as true, of a material fact which is disputed; nor should a charge be given which devolves upon the jury the determination of a legal…
2Cases cited2 opinions
- Childs v. StateSupreme Court of Alabama · 1884
- Grimes v. StateSupreme Court of Alabama · 1879
3Cited by3 opinions
- Crawford v. StateSupreme Court of Alabama · 1895
- Pate v. StateSupreme Court of Alabama · 1907
- Spicer v. StateSupreme Court of Alabama · 1894