Peagler v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Butler. Tried before Hon. JohN R. TysoN. The facts of the case are sufficiently stated in the opinion. —The charge which instructed the jury that “if from the evidence you have reason to doubt the guilt of the defendants, you should acquit them,” should have been given.
Read the full summary
Appeal from the Circuit Court of Butler. Tried before Hon. JohN R. TysoN. The facts of the case are sufficiently stated in the opinion. —The charge which instructed the jury that “if from the evidence you have reason to doubt the guilt of the defendants, you should acquit them,” should have been given. This court has said : “Words are to be construed in their popular sense —the plain sense in which the people generally understand them — unless it plainly appears from the writing in which they appear, that they were intended tobe employed in some other sense.” — Harrison v. State, 102 Ala.…
1Opinion of the CourtColeman, J.
The appellants were indicted and convicted of murder in the second degree, and judgment and sentence rendered according to the verdict. Two questions are presented in the arguments and briefs of counsel for revision. The first is, that the court erred in refusing to charge the jury as follows : “If from the evidence you have reason to doubt the guilt of the defendants, you should acquit them.” The principle and phraseology of this charge, was considered in the case of Munkers v. The State, 87 Ala. 94, and it was held to be an incorrect charge. This ruling was followed in the more recent case…
2Cases cited3 opinions
- Bain v. StateSupreme Court of Alabama · 1883
- Munkers v. StateSupreme Court of Alabama · 1888
- Ray v. StateSupreme Court of Alabama · 1874
3Cited by20 opinions
- Van Antwerp v. StateCourt of Criminal Appeals of Alabama · 1978
- Ex Parte BurtonSupreme Court of Alabama · 1994
- Ex Parte StoutSupreme Court of Alabama · 1989
- Pardue v. StateCourt of Criminal Appeals of Alabama · 1989
- Brown v. Mobile Electric Co.Supreme Court of Alabama · 1921
15 more not listed; retrieve them via the Exa API.