Dryman v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Jackson. Tried before the Hon. John B. Tally. The appellant in this case was indicted and tried for an assault with intent to forcibly ravish Martha E. Class-cock ; and was convicted of a simple assault, and fined $25. The testimony for the State tended to show that on the day the prosecutrix was said to have been asssaulted, defendant was passing by her house, and after talking to a little boy at her front gate, he asked for some water; that…
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Appeal from the Circuit Court of Jackson. Tried before the Hon. John B. Tally. The appellant in this case was indicted and tried for an assault with intent to forcibly ravish Martha E. Class-cock ; and was convicted of a simple assault, and fined $25. The testimony for the State tended to show that on the day the prosecutrix was said to have been asssaulted, defendant was passing by her house, and after talking to a little boy at her front gate, he asked for some water; that she was sitting on the front porch, and told him to come and get the water; that after he drank the water, he walked…
1Opinion of the CourtHaralson, J.
The only exceptions reserved arise upon the rulings of the court on the charges refused and given. The defendant requested seven charges, each of which was refused. We consider them separately.
No. 1 is argumentative, and was properly refused on that account. It was further faulty in the postulate that a man charged as defendant was, had the right, under the circumstances hypothesized, to embrace-the woman. If under any circumstances he might he justified in so doing, we can scarcely hold he has any rights in the premises.
No. 2 was an improper request. While it is true, the credibility of a…
2Cases cited3 opinions
- Pate v. StateSupreme Court of Alabama · 1891
- Danner v. StateSupreme Court of Alabama · 1875
- Little v. StateSupreme Court of Alabama · 1877
3Cited by15 opinions
- Forman v. StateSupreme Court of Alabama · 1914
- Lovejoy v. StateAlabama Court of Appeals · 1948
- Weaver v. StateAlabama Court of Appeals · 1911
- Smith v. StateSupreme Court of Alabama · 1894
- Gater v. StateSupreme Court of Alabama · 1904
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