This is an appeal from a judgment of conviction of the offense of assault with intent to murder.
The court refused to give to the jury charges 11 and 8, requested by the defendant in writing.
Charge 11 is as follows:
This charge was not substantially covered by the court's oral charge, nor by the given charges. Its refusal constituted reversible error. Sanford v. State, 37 Ala.
Charge 8 reads:
The Supreme Court has stated that this charge asserts a correct proposition of law and that its refusal is error. Walker v. State, 117 Ala. 42, 23 So. 149; Willis v. State, 134 Ala. 429, 33 So. 226; Carter v. State, 145 Ala. 679, 40 So. 82.
Other points urged in brief of counsel for appellant will not be discussed, since they probably will not arise in the event of another trial of this cause.
The judgment is ordered reversed, and the cause is remanded.
Reversed and remanded.