Welch v. State
| Citation | 124 Ala. 41,27 So. 307 |
| Parties | WELCH v. STATE. |
| Decision Date | 01 February 1900 |
| Court | Supreme Court of Alabama |
Appeal from circuit court, Henry county; J. C. Richardson, Judge.
Steven Welch was jointly indicted with Mastin Welch for assault with intent to murder one Ben Cox, was convicted, and sentenced to the penitentiary for five years, and appeals. Affirmed.
On the trial of the cause the state introduced Ben Cox as a witness who testified that the defendant Steven Welch came to where he was working, with a knife in his hand, and asked what he had been saying about his brother; that the witness denied that he had said anything about his brother, and left the defendant; that a little while after this, while he was at work in his shop, the defendant came to the door of the shop with the knife in his hand; that, upon the witness asking the defendant if he was satisfied with his denial of having talked about his brother, the defendant replied that he did not know whether he was or not, and thereupon started towards the witness with his hand holding the knife uplifted, as if he was going to cut the witness; that, upon the witness trying to ward off the blow, the defendant rushed upon him and cut him several times with the knife, and his brother Mastin Welch, came up behind the witness and cut him in the back. Chester Thompson, another witness for the state testified to substantially the same facts. The testimony for the defendant was to the effect that, as the defendant Steven Welch passed by the shop where Ben Cox was working, he stated, in answer to the question asked him by Cox, that he reckoned he was satisfied; that Cox replied that, if he was not, he could satisfy him very quickly, and advanced upon Steven Welch with a big stick which he had in his hand, and struck the defendant with said stick several times; and that the defendant did not have a knife in his hand, but, upon being struck by Ben Cox, he opened his knife and cut him. Upon the introduction of all the evidence, the defendant requested the court to give to the jury the following written charges, and separately excepted to the court's refusal to give each of them as asked: ...
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...given in cases of circumstantial evidence, but where all the testimony was from eye-witnesses the instruction is out of place. (Welch v. State, 124 Ala. 41.) instruction was misleading and uncertain. A new trial will be granted where the charge is ambiguous and the jury has been thereby mis......
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