Lane v. State
Supreme Court of Alabama
Erom the Circuit Court of Cherokee. Tried before the Hon. John B. Tally. The defendant in this case was indicted for an assault on Thomas J. Woodward, with intent to murder him; one count charging that the assault was made with an iron weight, and another that it was made with a pistol.
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Erom the Circuit Court of Cherokee. Tried before the Hon. John B. Tally. The defendant in this case was indicted for an assault on Thomas J. Woodward, with intent to murder him; one count charging that the assault was made with an iron weight, and another that it was made with a pistol. On the trial, as the bill of exceptions shows, it appeared that Woodward, the prosecutor, was hauling iron ore to or for the Bass Furnace Company, in whose employment the defendant was; and it was the defendant’s duty to weigh the ore as delivered at the scales. On the delivery of a load by the prosecutor, he…
1Opinion of the CourtStone, C. J.
— The defendant presented the following written charge, and asked that it be given to the jury: “The State must prove its charge, and prove it beyond a reasonable doubt by evidence. The assertions of counsel are not evidence.” This charge ought to have been given. Coleman v. State, 59 Ala. 52; Tatum v. State, 63 Ala. 147.
There was certainly no evidence that the Bass Furnace Company, or Woodward, the prosecuting witness, was either rich or poor. Such testimony, if offered, would have been illegal. Counsel, in argument, should not have been allowed to comment on the one as rich, and the other…
2Cases cited5 opinions
- Cross v. StateSupreme Court of Alabama · 1881
- Commercial Fire Ins. v. AllenSupreme Court of Alabama · 1886
- Harrington v. StateSupreme Court of Alabama · 1887
- Coleman v. StateSupreme Court of Alabama · 1877
- Tatum v. StateSupreme Court of Alabama · 1879
3Cited by26 opinions
- De Graaf v. StateAlabama Court of Appeals · 1948
- McGee v. StateAlabama Court of Appeals · 1912
- Walls v. StateSupreme Court of Alabama · 1891
- Jones v. StateSupreme Court of Alabama · 1893
- Conner v. StateCourt of Criminal Appeals of Alabama · 1973
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