Legal Opinion

Burk v. State

Alabama Court of Appeals

Decided May 29, 1917No. 8 Div. 494PublishedCited by 4 opinions

Appeal from Circuit Court, Colbert Coun- . ty; O. P. Almon, Judge. Aubrey Burk was convicted of crime, and appeals.

1Opinion of the CourtBrown, P. J.

The only questions presented for review arise from the refusal of certain special charges requested by. the defendant.

The refusal of charges 5 and 7 might well be justified on the ground that they are argumentative; however, the principles of law asserted therein were given to the jury in the oral charge of the court; and also in charges 1, 2, and 6, given at the request of defendant.

[1] Charge 2, requested by defendant, undertakes to state six distinct propositions of law, the first of which is thus stated:

“It is the -duty of each juror to decide the issue for himself; and if there is any…

2Cases cited5 opinions

  1. Diamond v. StateAlabama Court of Appeals · 1916
  2. Troup v. StateSupreme Court of Alabama · 1909
  3. Pearce v. StateSupreme Court of Alabama · 1896
  4. Boyd v. StateSupreme Court of Alabama · 1908
  5. McCombs v. StateSupreme Court of Alabama · 1907

3Cited by4 opinions

  1. Gaston v. StateCourt of Criminal Appeals of Alabama · 1978
  2. Nolen v. StateCourt of Criminal Appeals of Alabama · 1979
  3. Dyson v. StateCourt of Criminal Appeals of Alabama · 1991
  4. Ware v. StateCourt of Criminal Appeals of Alabama · 1990

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