87 Ala. 89 | Ala. | 1888
The appellant was convicted of an assault and battery, under an indictment which charged an assault with intent to murder. In determining whether be
Two or more charges were given at the request of the State, and eight charges asked by the defendant the court refused to give. To the action of the court in each particular, there was one general exception. These exceptions could not avail the defendant, unless, in the one instance, all the charges given at the request of the solicitor were bad; and in the other, all those of the defendant which were refused, correctly stated principles of law bearing on the case. We are satisfied that some, at least, of the former were good, and some, at least, of the latter were bad. It follows, that the action of the court on the special charges given and refused is not presented so as to authorize revision by this
For the error in the general charge pointed out above, the judgment must be reversed, and the cause remanded.