Wigerfall v. State
Wigerfall v. State
Opinion of the Court
“The court charges the jury that to reduce the offense to an assault and battery, it is not necessary that the defendant, at the time he struck the blow, should have been unconscious of what he was doing; but, if there was a sufficient provocation to excite sudden passion, then the presumption is that passion disturbed the sway of reason and made him regardless of his act; and, if the jury believe this from the evidence, they may find him guilty of an assault and battery.”
It is insisted that this charge is supported by the case of Smith v. State, 86 Ala. 28, 5 South. 478. There is a marked difference between tbe charge requested in the case at bar and the charge in the Smith Case, supra, in that in the charge in this case there is omitted the fact that the defendant acted under the passion aroused by the blow or blows. Tbe refusal to give the charge was not error. Furthermore, the charge invades the province of tbe jury.
We find no error in tbe record, and the judgment is affirmed.
Affirmed.
Reference
- Full Case Name
- Wigerfall v. State.
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