King v. State
Supreme Court of Alabama
Appeal from Monroe Circuit Court. Heard before Hon. John T. Lackland. Tom King was convicted of an assault with intent to murder and appeals. Tbe indictment in this case was preferred on tbe 6th day of April, 1907. The evidence, as stated by the bill of exceptions, is that the testimony for the state tended to show that some time in the month of April, 1900, the defendant waylaid and shot the witness Doc Rabb, but did not seriously injure him, etc.
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Appeal from Monroe Circuit Court. Heard before Hon. John T. Lackland. Tom King was convicted of an assault with intent to murder and appeals. Tbe indictment in this case was preferred on tbe 6th day of April, 1907. The evidence, as stated by the bill of exceptions, is that the testimony for the state tended to show that some time in the month of April, 1900, the defendant waylaid and shot the witness Doc Rabb, but did not seriously injure him, etc. The evidence further tended to-show that on the night of the shooting an affidavit was made against the defendant, and a warrant for his arrest…
1Opinion of the CourtMcCLELLAN, J.
The appellant ivas convicted of an assault with intent to murder one Rabb. The bill of exceptions recites that “the evidence on the part of the state tended to establish the following facts: * * *” The defendant offered no testimony. The “facts” tended to be established by the evidence were to the effect that the defendant waylaid the victim and shot him. The general affirmative charge was given for the state. This was error. Such an instruction took from the jury the right to weigh the testimony, which did not necessarily establish guilt beyond a reasonable doubt, but tended only to that…
2Cases cited2 opinions
- Brewer v. StateSupreme Court of Alabama · 1896
- Greene v. StateSupreme Court of Alabama · 1903
3Cited by4 opinions
- Nichols v. StateAlabama Court of Appeals · 1912
- Pate v. StateAlabama Court of Appeals · 1923
- Carter v. StateAlabama Court of Appeals · 1912
- Brown v. StateAlabama Court of Appeals · 1917