Carter v. State

Decided December 15, 1888

Supreme Court of Alabama · decided 1888-12-15

From the County Court of Jackson. Tried before the Hon. E. Scott Parks, as special judge. The defendant in this case was indicted for an assault on a young lady, pleaded not guilty to the charge, but was convicted, and fined one -cent.

Cited by 3 later decisions — most recently February 1912

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1888-12-15

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SOMERVILLE, J.

¶1It is unquestionably the law, that if the defendant intended to inflict personal violence on another person than the one assaulted, a mere mistake in the identity of the person would not excuse him. It was no justification of the assault charged in this case that the defendant was drunk, or that be erroneously believed the person assaulted to be a common prostitute. The charges of the court correctly stated the law on this, and other questions involved. The exceptions taken were all properly overruled.

¶2Affirmed.