Brooks v. State
Supreme Court of Alabama
Certiorari to Court of Appeals of Alabama. Percy E. Brooks was convicted of an assault with intent to ravish, and appealed to the Court of Appeals, which court affirmed the judgment and sentence of the trial court, and he brings certiorari to review the action of the Court of Appeals. Writ awarded, and judgment of Court of Appeals, reversed and remanded, remanding the cause for a new trial.
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Certiorari to Court of Appeals of Alabama. Percy E. Brooks was convicted of an assault with intent to ravish, and appealed to the Court of Appeals, which court affirmed the judgment and sentence of the trial court, and he brings certiorari to review the action of the Court of Appeals. Writ awarded, and judgment of Court of Appeals, reversed and remanded, remanding the cause for a new trial. The following are the charges referred to: Charge C: “If, from the evidence, yon do not believe that the defendant had any intention to forcibly ravish Martha Ormond at the time he put his hands upon her,…
1Opinion of the CourtAnderson, J.
We are of the opinion that the trial court erred in refusing the defendant’s requested charges C and 11, and that the Court of Appeals erred in holding that the refusal of said charges was not reversible error. They were not subject to the criticism *3made of them in the opinion of the Court of Appeals, and were not otherwise faulty. Nor does it appear that they were duplicated or so covered by the defendant’s-given charges as to render the refusal of same harmless error.
The defendant having brought out, upon the cross-examination of the prosecutrix, a delay on her part in. instituting the…
2Cited by13 opinions
- Kelley v. StateAlabama Court of Appeals · 1946
- Mosley v. StateSupreme Court of Alabama · 1941
- Curry v. StateAlabama Court of Appeals · 1929
- Pruitt v. StateSupreme Court of Alabama · 1936
- Long v. WhitSupreme Court of Alabama · 1916
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