White v. State

107 Ala. 132 | Ala. | 1894

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.