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120 Ala. 383

Jones v. State

Supreme Court of Alabama

Decided November 15, 1898

Supreme Court of Alabama · decided 1898-11-15

Tried before the Hon. Edward A. Graham, Special Judge. The appellant, Walter Jones, was indicted and tried for an assault with intent to murder, was convicted of an assault, and battery, and fined two hundred and fifty dollars. On the trial of the case, the evidence for the State tended to show that the defendant shot one Young with a pistol, and that the defendant was at fault in bringing on the difficulty.

Decided 1898-11-15

HARALSON, J.

¶1The court in its oral charge said to the jury, “Self-defense is the defense in 75 or perhaps 80 or 90 per cent, of the cases in this country.” This appears as an independent charge. ' In what connection with any other part of the oral charge it was given, does not' appear. Its logical and inevitable effect was to prej udice the minds of the j ury against the defense the defendant was making to the charge against him, and it should not have been given.

¶2The other parts of the general charge, and those given at the request of the State, are free from reversible error, and the charges requested by defendant were properly refused.

¶3The evidence sought to be introduced by the defendant •was impertinent and illegal, and was properly excluded.

¶4The principles involved in these several rulings complained of, have been so often discussed and decided, it would serve no good purpose to go over them again.

¶5For the error pointed out, the judgment of the court below must be reversed and cause remanded.

¶6Reversed and remanded.

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