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130 Ala. 99

Carroll v. State

Supreme Court of Alabama

Decided November 15, 1900

Supreme Court of Alabama · decided 1900-11-15

Apeal from tlie City Court of Montgomery. Tried before tlie Hon. W. H. Thomas. The appellant, Harry Carroll, ivas indicted and tried for an assault with intent to murder, and was convicted of an assault and battery. The evidence for the State tended to show that the defendant was guilty of the offense’ 'charged in the indictment; that he fired his pistol at the person named in the indictment.

Relies on Bell v. State · Avery v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1900-11-15

How this case has been cited

Cited by 15 later decisions — most recently August 1979

15 state decisions

5019001910192019301940195019601970decided

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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SHARPE, J.

¶1In Bell v. State, 115 Ala. 25, a charge containing propositions identical with those asserted by the second charge requested by the defendant in this case was held to be correct. On the authority of Bell’s case the judgnient must be reversed for error in refusing said second charge.

¶2The first charge requested by the defendant was calculated to mislead the jury to believe that a mere whim*101sical and. unsubstantial reason for doubting the defendant’s guilt would amount to a reasonable doubt.Avery v. State, 124 Ala. 20.

¶3There was no error in sustaining objections to evidence. In the question to Tillman as to what Collier told him previous to the alleged offense was wholLy indefinite as to what statement of Collier was intended to be elicited, and did not indicate that any threat by Collier or other person against defendant was called for.

¶4Conduct of the arresting party towards defendant after he was arrested -formed no part of the res gestae of the alleged offense. The question addressed to defendant on that subject was not confined to matter brought out by the State, and was properly disallowed.

¶5Iteversed and remanded.

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