White v. State, 107 Ala. 132

HEAD, J.

If the charge requested by defendant had been limited to an acquittal of any assault, it would have been proper.—Lawson v. The State, 30 Ala, 15 ; Johnson, v. State, 35 Ala. 363 ; Tarver v, State, 43 Ala. 354; Clements v. State, 50 Ala. 117 ; Simpson v. State, 59 Ala. 1; Chapman v. State, 78 Ala. 463. But under the evidence the defendant might have been lawfully convicted of an attempt to commit an assault. The charge, if given, would have denied the jury that right.

Affirmed.

Case Details

Case Name: White v. State

Court Name: Supreme Court of Alabama

Date Published: Nov 15, 1894

Citation: 107 Ala. 132

Court Abbreviation: Ala.