McDonald v. State

Supreme Court of Alabama

Decided November 15, 1897

Supreme Court of Alabama · decided 1897-11-15

<p>Appeal from Montgomery City Court.</p> <p>Tried before the Hon. A. D. Sayre.</p>

Relies on Blount v. State · Sayre v. Durwood · Owens v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1897-11-15

How this case has been cited

Cited by 11 later decisions — most recently October 1936

11 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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¶1The appellant was indicted, tried and convicted for an assault with intent to murder. There was an exception reserved to the court’s overruling the defendant’s objection to the leading question which was asked one of the State’s witnesses by the solicitor. Held, that it was discretionary with the lower court to allow the question to be answered, though it was leading. — Sayre v. Durwood, 35 Ala. 247; Gassenheimer v. State, 52 Ala. 213.

¶2The verdict was as follows: “We, the jury, find the defendant guilty.” Eeld, that this was sufficiently definite, and when properly construed means, guilty as charged in the indictment. — Blount v. State, 49 Ala. 381; Giles v. State, 52 Ala. 29.

¶3The judgment of conviction is affirmed.

¶4Opinion by

Haralson, J.