McDonald v. State
Supreme Court of Alabama
Arson. Appeal from Limeston Circuit Court. Heard, before Hon. D. W. Speake. Dan McDonald ivas convicted of arson, and lie appeals. The following charges were refused to the defendant: “(2) If any individual juror is not convinced of the defendant’s guilt beyond a reasonable doubt and to a moral certainty, the jury cannot convict.
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Arson. Appeal from Limeston Circuit Court. Heard, before Hon. D. W. Speake. Dan McDonald ivas convicted of arson, and lie appeals. The following charges were refused to the defendant: “(2) If any individual juror is not convinced of the defendant’s guilt beyond a reasonable doubt and to a moral certainty, the jury cannot convict. (3) No preponderance, nor any weight of preponderant evidence, is sufficient to support a conviction in a criminal case, unless it generates full belief of facts necessary to constitute the guilt of the accused to the exclusion of all reasonable doubt. (4) If, after…
1Opinion of the CourtMcCLELLAN, J.
— Conviction of arson in the second degree. The evidence presented required the submission of the issue of defendant’s guilt vel non to the jury. There was testimony tending to show, through the correspondence of tracks about the scene of the fire with the shoe of the defendant, that defendant had, previous to the fire, been about the place. There was testimony tending to reflect upon the truth of the defendant’s assertion that his first knowledge of the fire came through a woman who occupied the same house he did, and to impeach the defendant in respect of his visit, while the house was…
2Cases cited9 opinions
- Levison v. StateSupreme Court of Alabama · 1875
- Carlton v. PeopleIllinois Supreme Court · 1894
- Smith v. StateSupreme Court of Alabama · 1846
- Mitchell v. StateSupreme Court of Alabama · 1896
- Walker v. StateSupreme Court of Alabama · 1903
4 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Travis v. StateCourt of Criminal Appeals of Alabama · 1997
- Green v. StateSupreme Court of Alabama · 1953
- Thomas v. StateCourt of Criminal Appeals of Alabama · 1988
- Ex Parte HallSupreme Court of Alabama · 2001
- Hobbs v. StateCourt of Criminal Appeals of Alabama · 1981
47 more not listed; retrieve them via the Exa API.