Legal Opinion

Staton v. State

Alabama Court of Appeals

Decided May 13, 1913PublishedCited by 1 opinion

Appeal from Blount Circuit Court. Heard before Hon. J. E. Blackwood. Hugh Staton was convicted of an offense, and he appeals. The court erred in its oral charge as to reasonable doubt. — Kirkwood v. State, 57 South. 504; Walker v. State, 153 Ala. .31; Crimes v. State, 105 Ala. 86; Carter v. State, 103 . Ala. 94; Bell v. State, 89 Miss. 810. On these same authorities, the trial court should have given charges 2, 3 and 10, requested by defendant.

1Opinion of the CourtWalker, P. J.

— The statement made by the court in the part of its oral charge to which an exception was reserved, to the effect that the reasonable doubt which would justify an acquittal “must be based on the evidence, or spring up from the evidence,” is criticised in the argument of the counsel for the appellant on the ground that it excludes a doubt based upon a deficiency of evidence. We are not of opinion that the expression used is subject to such a criticism. In the connection in which it was used it could not well have been understood by the jury as conveying a meaning different from that which…

2Cases cited5 opinions

  1. Walker v. StateSupreme Court of Alabama · 1903
  2. Simmons v. StateSupreme Court of Alabama · 1909
  3. Donahoo v. TarrantAlabama Court of Appeals · 1911
  4. Davis v. ClausenAlabama Court of Appeals · 1911
  5. New Connellsville C. & C. Co. v. KilgoreAlabama Court of Appeals · 1912

3Cited by1 opinion

  1. Stafford v. StateAlabama Court of Appeals · 1947

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