Smith v. State

THOMAS, Justice.

The trial resulted in a verdict and judgment for murder in the first degree, and the death penalty was imposed.

Errors urged in argument of counsel present for review the refusal of defendant’s requested charges and matters presented on the motion for a new trial and supported by affidavits.

There was no reversible error in the refusal of charge No. 5. It did not present the probability of the innocence of the defendant, which was the subject of charge 6 in Whitaker v. State, 106 Ala. 30, 17 So. 456, and of charge 2 in Fleming v. State, 150 Ala. 19, 43 So. 219. It was invasive…