Legal Opinion

McDonald v. State

Supreme Court of Alabama

Decided November 15, 1897PublishedCited by 10 opinions

Appeal from Montgomery City Court. Tried before the Hon. A. D. Sayre.

1Opinion of the Court

The appellant was indicted, tried and convicted for an assault with intent to murder. There was an exception reserved to the court’s overruling the defendant’s objection to the leading question which was asked one of the State’s witnesses by the solicitor. Held, that it was discretionary with the lower court to allow the question to be answered, though it was leading. — Sayre v. Durwood, 35 Ala. 247; Gassenheimer v. State, 52 Ala. 213.

The verdict was as follows: “We, the jury, find the defendant guilty.” Eeld, that this was sufficiently definite, and when properly construed means, guilty as…

2Cases cited4 opinions

  1. Blount v. StateSupreme Court of Alabama · 1873
  2. Sayre v. DurwoodSupreme Court of Alabama · 1859
  3. Owens v. StateSupreme Court of Alabama · 1875
  4. Giles v. StateSupreme Court of Alabama · 1875

3Cited by10 opinions

  1. Ledlow v. StateSupreme Court of Alabama · 1930
  2. Roden v. StateAlabama Court of Appeals · 1915
  3. Prophett v. StateAlabama Court of Appeals · 1932
  4. Russell v. StateSupreme Court of Alabama · 1935
  5. Chappell v. StateAlabama Court of Appeals · 1924

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