Supreme Court of Alabama, 1907

Scrutchings v. State

Supreme Court of Alabama · Decided May 16, 1907 · Denson, Haralson, Simpson, Tyson

151 Ala. 1; 43 So. 962; 1907 Ala. LEXIS 469

Cases that cite this one

2 later published cases cite this decision.

Burt v. State (Ala. 1909)
Boatner v. State (Ala. Ct. App. 1913)

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

TYSON, C. J.

The indictment contains íavo counts. The first charges a simple assault and battery, and the second an assault and battery with a brick. It was permissible for the prosecution to offer evidence in support *2of the two distinct offenses charged, and to obtain a conviction upon each of the counts. And, when such evidence is introduced, there is no room for the application of the doctrine of election, which was attempted to be invoked in this case. — Untreiner v. State, 146 Ala. 133, 41 South. 170. It follows, therefore, that the motion to exclude the testimony, offered by the prosecution, of the assault and battery with a brick, was properly overruled, and that the affirmative charge requested by defendant was correctly refused.

The judgment of conviction must be affirmed.

Affirmed.

Haralson, Simpson, and Denson, JJ., concur.

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