Brassell v. State

Decided November 15, 1890

Supreme Court of Alabama · decided 1890-11-15

From the Circuit Court of Autauga. Tried before the Hon. Jas. R. Dowdell. The defendant in this case, Robert- 8. Brassell, was indicted for a rape on Georgie Buckner, a girl about fifteen years of age, who was his niece, was convicted, and sentenced to the penitentiary for life.

Relies on Pellum v. State · Norris v. State · Sayre v. Durwood

Good law ✅— No negative treatment on recordhow we know

Decided 1890-11-15

How this case has been cited

Cited by 11 later decisions — most recently June 1953

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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STONE, C. J.

¶1We find no error in this record. There is nothing which authorizes us to infer that the accused was denied his legal right of challenges in the organization of the jury. Such denial, if it occurred, should have been objected to in the court below, and the question reserved. In the absence of such reservation, we presume the trial court did its duty.

¶2 *47Presiding judges in primary courts frequently find it necessary to permit leading questions to lie propounded to witnesses. in order to get the facts before the jury. Such rulings are not revisadle.—Sayre v. Durwood, 35 Ala. 247; 1 Brick. Dig. 886, § 1183.

¶3The first charge asked by defendant.is somewhat confusing, and each of them is but an argument- Such charges should never be given.—Pellum v. State, and citations, 89 Ala. 28; Salm v. State, Ib. 56; Little v. State, Ib. 99; Morris v. State, 87 Ala. 85.

¶4Affirmed.