Rambo v. State
| Decision Date | 28 June 1902 |
| Citation | 134 Ala. 71,32 So. 650 |
| Parties | RAMBO v. STATE. |
| Court | Alabama Supreme Court |
Appeal from circuit court, Geneva county; John P. Hubbard, Judge.
Marshall Rambo was convicted of assault with intent to rob, and appeals. Reversed.
Before entering upon the trial of the case, the defendant moved the court to quash the venire of this cause, for the reason that no special venire had been drawn by the court from the jury box, and summoned by the sheriff, for the trial of the defendant; but that the court had drawn, and the sheriff had summoned, only one special venire for the trial of three capital cases. On the hearing of this motion, it was shown that the case against the defendant, Marshall Rambo, and the case against his codefendant, Sewell Cook, and a case against another defendant, Will Thomas, on a charge of murder, were all set for the same day, upon the arraignment of each of said three defendants, and that the court had drawn from the jury box 50 names as a special venire, which, together with the regular jurors, he ordered to be served upon each of said defendants in the three several cases. The motion to quash was overruled, and the defendant duly excepted. The other facts of the case necessary to an understanding of the decision on the present appeal are sufficiently stated in the opinion. Upon the introduction of all the evidence, the defendant requested the court, among others, to give to the jury the following written charges, and separately excepted to the court's refusal to give each of them as asked "(E) If the jury believe the evidence in this case, they will find the defendant not guilty." "(11) The court charges the jury that Mrs. Rambo, the mother of defendant, has not been impeached." "(10) There is no evidence in this case that the defendants, or either of them, picked up the money after it had been dropped or thrown to the ground by Huttman." "(8) If the jury believe the evidence, they will find the defendant not guilty of an assault with the intent to rob." "(6) The court charges the jury that in this case there can be no conviction for an assault or an assault and battery." "(5) The court charges the jury that in this case there can be no conviction for an attempt to rob." "(4) The court charges the jury that there is no evidence in this case that the defendant ever had in his possession the money alleged in the indictment to have been taken." "(2) If the jury believe the evidence, they will find the defendant not guilty of robbery."
Mulkey & Carmichael, for appellant.
Chas G. Brown, Atty. Gen., for the State.
The presiding judge evidently overlooked the difference in the phraseology of the act of 1884-85, under which Chamblee's Case, 78 Ala. 466, was decided, and which phraseology was carried into the act of February, 1887, and the section of the Code (Cr. Code, § 5004) under which the special venire in this case was drawn. The difference was...
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Wallace v. State
...a conviction may be had for assault and battery and larceny as well as for certain other offenses. Kelly v. State, supra; Rambo v. State, 134 Ala. 71, 32 So. 650; Autrey v. State, 15 Ala.App. 574, 74 So. 397; Robertson v. State, 24 Ala.App. 237, 133 So. 742; Harris v. State, 44 Ala.App. 654......
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Patterson v. State
...v. State, 153 Ala. 31, 45 So. 640; Adams v. State, 133 Ala. 166, 31 So. 851; Cawley v. State, 133 Ala. 128, 32 So. 227; Rambo v. State, 134 Ala. 71, 32 So. 650. But quoted statute changed this rule as applied to cases set for trial on the same day. Umble v. State, 207 Ala. 508, 93 So. 531; ......
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Rickard v. State
...be a conviction for assault with intent to rob, for larceny, for attempt to rob, for assault, or for an assault and battery. Rambo v. State, 134 Ala. 71, 32 So. 650; Morris v. State, 97 Ala. 82, 12 So. 276; Carnathan v. State, 18 Ala.App. 452, 93 So. 50; Thomas v. State, 91 Ala. 34, 9 So. 8......
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Cordial v. State, 6 Div. 853
...be a conviction for assault with intent to rob, for larceny, for attempt to rob, for assault and battery or for assault. Rambo v. State, 134 Ala. 71, 32 So. 650 (1902). The defendant by three separate written instructions requested the trial court to charge the jury that an indictment for r......