Moore v. State

• Court: Alabama Court of Appeals
• Writing for the Court: SAMFORD, J.
• Citation: Moore v. State, 19 Ala.App. 471, 98 So. 136 (Ala. App. 1923)
• Decision Date: 27 November 1923
• Docket Number: 1 Div. 510.
• Parties: MOORE v. STATE.

98 So. 136

19 Ala.App. 471

MOORE v. STATE.

1 Div. 510.

Court of Appeals of Alabama

November 27, 1923

Appeal from Circuit Court, Washington County; Ben D. Turner, Judge.

John Moore was convicted of assault with intent to murder, and appeals. Affirmed.

Pelham & Adams, of Chatom, for appellant.

Harwell G. Davis, Atty. Gen., and Lamar Field, Asst. Atty. Gen., for the State.

SAMFORD J.

On the trial at the request of the defendant in writing the court gave charges B, C, and E. After reading these charges to the jury, the court said:

"Gentlemen, you will find certain of these written charges that say if certain facts appear you cannot convict the defendant of a certain specific offense. I have told you or at least I intended to tell you, that this indictment charges assault with intent to murder, and also charges assault with a weapon. You may retire and write your verdict on the back of this indictment."

The foregoing does not in any manner qualify or modify given charges B, C, and E, and therefore does not run counter to the rule as stated in Eiland's Case, 52 Ala. 322. In Tenn., A. & G. Ry. Co. v. Rossell, 18 Ala. App. 17 18, 88 So. 362, this court gave expression to its views on this subject, which we here adopt. T., A. & G. Ry. Co. v Rossell, supra; St. L. & S. F. R. R. Co. v. Hall,...