Fuller v. State

Decided November 15, 1897

Supreme Court of Alabama · decided 1897-11-15

Heard before the Hon. E. B. Wilkerson. The prosecution in this case was commenced by the following affidavit made before a notary public and ex officio justice of the peace: “The State of Alabama, Pike County. — Personally appeared before me, B. W. Starke, N. P. and Ex. Off.

Cited by 2 later decisions — most recently April 1911

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1897-11-15

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COLEMAN, J.

¶1The objection to the complaint is without merit. A mere failure to punctuate correctly, cannot affect the legal significance of the complaint.

¶2There was ho error in the ruling of the court upon questions of evidence.

¶3The charge requested by the State as explanatory of the first charge given at the' request of the defendant, was free from error.

¶4The second charge requested by the defendant was properly refused, The phrase “or took some part in it” was calculated to divert the mind of the jury from the evidence tending to show a previous agreement or con*203spiracy, and for this reason, if otherwise free from objection, was calculated to mislead the jury.

¶5We find no error in the record.

¶6Affirmed.