Fantroy v. State

Supreme Court of Alabama

Decided February 26, 1910

Supreme Court of Alabama · decided 1910-02-26

Heard before Hon. A. A. Evans. Balkom Fantroy was convicted of assault and battery, and he appeals.

Relies on Kennedy v. State

Good law ✅— No negative treatment on recordhow we know

Reversed · Decided 1910-02-26

How this case has been cited

Cited by 5 later decisions — most recently August 1979

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.

View the full empirical analysis of this case →

SIMPSON, J.

¶1The appellant was indicted for assault with intent to murder, and was convicted of assault and battery.

¶2The only question raised in the record is as to the correctness of the action of the court in refusing to give *28the charge requested in writing by the defendant. The charge requested in writing by the defendant, and refused by the court, is an exact copy of a charge which has been held to be good by this court.—Kennedy v. State, 140 Ala. 1, 6, 8, 37 South. 90. The court erred in refusing to give said charge.

¶3The judgment of the court is reversed, and the cause remanded.

¶4Reversed and remanded.

Dowdell, C. J., and Andeeson, Mayfield, and Sayre, JJ., concur. McClellan, J., dissents. Evans, J., not sitting.