Carroll v. State
Supreme Court of Alabama
Apeal from tlie City Court of Montgomery. Tried before tlie Hon. W. H. Thomas. The appellant, Harry Carroll, ivas indicted and tried for an assault with intent to murder, and was convicted of an assault and battery. The evidence for the State tended to show that the defendant was guilty of the offense’ 'charged in the indictment; that he fired his pistol at the person named in the indictment.
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Apeal from tlie City Court of Montgomery. Tried before tlie Hon. W. H. Thomas. The appellant, Harry Carroll, ivas indicted and tried for an assault with intent to murder, and was convicted of an assault and battery. The evidence for the State tended to show that the defendant was guilty of the offense’ 'charged in the indictment; that he fired his pistol at the person named in the indictment. The evidence for the defendant tended to show that he did not shoot the pistol as testified to by the witness for the State. During the examination of one Tillman as a witness for the defendant, he…
1Opinion of the CourtSharpe, J.
In Bell v. State, 115 Ala. 25, a charge containing propositions identical with those asserted by the second charge requested by the defendant in this case was held to be correct. On the authority of Bell’s case the judgnient must be reversed for error in refusing said second charge.
The first charge requested by the defendant was calculated to mislead the jury to believe that a mere whim*101sical and. unsubstantial reason for doubting the defendant’s guilt would amount to a reasonable doubt.—Avery v. State, 124 Ala. 20.
There was no error in sustaining objections to evidence. In the question to…
2Cases cited2 opinions
- Bell v. StateSupreme Court of Alabama · 1896
- Avery v. StateSupreme Court of Alabama · 1899
3Cited by15 opinions
- Davis v. StateSupreme Court of Alabama · 1901
- Whatley v. StateSupreme Court of Alabama · 1906
- Bailey v. StateSupreme Court of Alabama · 1910
- Olden v. StateSupreme Court of Alabama · 1912
- Richardson v. StateAlabama Court of Appeals · 1947
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