Cox v. State

• Decision Date: 20 December 1906
• Citation: Cox v. State, 42 So. 815, 148 Ala. 593 (Ala. 1906)
• Parties: COX v. STATE.
• Court: Alabama Supreme Court

42 So. 815

148 Ala. 593

COX v. STATE.

Supreme Court of Alabama

December 20, 1906

Appeal from Circuit Court, Macon County; S. L. Brewer, Judge.

Bob Cox was convicted of assault with intent to murder, and he appeals. Affirmed.

The court refused to charge: "Unless each and every one of you is satisfied of the defendant's guilt to a moral certainty and beyond all reasonable doubt, then you cannot convict the defendant of assault with intent to murder; and if you do convict the defendant of assault with intent to murder without each and every one of you being so satisfied after a consideration of all the evidence, then you disregard the instructions of the court."

Massey Wilson, Atty. Gen., for the State.

SIMPSON J.

The defendant (appellant) in this case was convicted of an assault with intent to murder. The only question presented by the record is the refusal of the court to give the charge set out in the record. Referring to the latter part of said charge, it cannot be said to be a...