Blair v. State
Supreme Court of Alabama
APPEAL from the Circuit Court of Covington. Tried before Hon. John K. Henrt. The defendant was indicted for an assault with intent to ravish. On the trial the female testified that he came to her house, and having driven away a. boy who was there, caught hold of her person, with the remark: “ I have come for, and I intend to have it; ” that she resisted, and that he pushed her up against the bed, and said, “ I intend to have it right now, or I will kill you.”
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APPEAL from the Circuit Court of Covington. Tried before Hon. John K. Henrt. The defendant was indicted for an assault with intent to ravish. On the trial the female testified that he came to her house, and having driven away a. boy who was there, caught hold of her person, with the remark: “ I have come for, and I intend to have it; ” that she resisted, and that he pushed her up against the bed, and said, “ I intend to have it right now, or I will kill you.” This was all the evidence relating to the assault, and the defendant asked the following charge in writing in reference thereto: “ That…
1Opinion of the CourtManning, J.
When the court, at the request of a defendant in writing, has given a charge to the jury in respect to the ascertainment of the meaning with which a particular word alleged to have been used by defendant was employed, it is not error for the court further to instruct the jury, that they must look to the evidence in order to determine what defendant meant thereby. Hogg v. The State, ante, p. 2; Morris v. State, 25 Ala. 57 ; Rosenbaum v. The State, 33 Ib. 354.
The recital in the record in regard to the jury being sworn is sufficient. It was not intended by such recital in the judgment-entry to…
2Cases cited2 opinions
- Morris v. StateSupreme Court of Alabama · 1854
- Crist v. StateSupreme Court of Alabama · 1852
3Cited by1 opinion
- Pickens v. StateSupreme Court of Alabama · 1877