Turbeville v. State
Supreme Court of Alabama
From the Circuit Court of Monroe. Tried before the Hon. John K. Henry. The prisoner in this case was indicted, at the September term, 1865, of said circuit court, for an assault on George "W. Eowell and Martha Bowell, with intent to murder them; and was tried, on issue joined on the plea of not guilty, at the April term, 1867, when he reserved the following bill of exceptions; “ Be it remembered, that this case came on to be tried at tbe spring term, 1867, of said circuit…
Read the full summary
From the Circuit Court of Monroe. Tried before the Hon. John K. Henry. The prisoner in this case was indicted, at the September term, 1865, of said circuit court, for an assault on George "W. Eowell and Martha Bowell, with intent to murder them; and was tried, on issue joined on the plea of not guilty, at the April term, 1867, when he reserved the following bill of exceptions; “ Be it remembered, that this case came on to be tried at tbe spring term, 1867, of said circuit court; and tbe defendant moved the court to charge the jury as follows : 1st, that unless they believe, from the evidence,…
1Opinion of the CourtA. J. Walkeb, C. J.
The bill of exceptions in this case does not set forth any evidence whatever. It consists alone of a statement of three requests to charge, of the refusal of two of them, of the giving of the third, with what is denominated a qualification, and of the defendant’s exceptions to the refusals to charge, and to the charge given. It is settled in this court, that when a charge is asked and refused, it will be presumed to have been abstract, although otherwise unobjectionable, unless the contrary is shown by a statement of the evidence. — Morris v. State, 25 Ala. 57; Dent v. Portwood, 17 Ala. 242;…
2Cases cited14 opinions
- Brown v. CockerellSupreme Court of Alabama · 1858
- Mose v. StateSupreme Court of Alabama · 1860
- Partridge v. ForsythSupreme Court of Alabama · 1856
- Aikin v. StateSupreme Court of Alabama · 1860
- Leverett's Heirs v. CarlisleSupreme Court of Alabama · 1851
9 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Eiland v. StateSupreme Court of Alabama · 1875
- Bryer v. StateAlabama Court of Appeals · 1949