Supreme Court of Alabama, 1894

White v. State

Supreme Court of Alabama · Decided November 15, 1894 · Head

107 Ala. 132

Cases that cite this one

5 later published cases cite this decision.

Burton v. State (Ala. Ct. App. 1913)
Lee v. State (Ala. Crim. App. 1988)
Clark v. State (Ala. Crim. App. 1976)
Miller v. State (Ala. Ct. App. 1954)
Lundsford v. State (Ala. Ct. App. 1911)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

HEAD, J.

If the charge requested by defendant had been limited to an acquittal of any assault, it would have been proper.—Lawson v. The State, 30 Ala, 15 ; Johnson, *133v. State, 35 Ala. 363 ; Tarver v, State, 43 Ala. 354; Clements v. State, 50 Ala. 117 ; Simpson v. State, 59 Ala. 1; Chapman v. State, 78 Ala. 463. But under the evidence the defendant might have been lawfully convicted of an attempt to commit an assault. The charge, if given, would have denied the jury that right.

Affirmed.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.