107 Ala. 132
Decided November 15, 1894
Supreme Court of Alabama · decided 1894-11-15
. Tried before Hon. John H. Disque. The appellant was indicted, tried and convicted of an assault with intent to murder one Berry T. Collier, and sentenced to imprisonment in the penetentiary for two years.
Relies on Simpson v. State · Tarver v. State · Johnson v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1894-11-15
Cited by 5 later decisions — most recently November 1988
5 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1If 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, *133v. 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.
¶2Affirmed.