Legal Opinion

Huff v. State

Alabama Court of Appeals

Decided January 22, 1918No. 5 Div. 267PublishedCited by 3 opinions

Appeal from Circuit Court, Chilton County ; Leon McCord, Judge. Joe Huff was convicted of trespass after warning, and he appeals.

1Opinion of the CourtSamford, J.

[1] At the conclusion of the evidence, the court, at the reguest of the state; gave the following written charge:

“The court charges the jury that if they believe the evidence, they must find the defendant guilty as charged, and assess a fine of - dollars.”

The giving of this charge was error, for which the judgment must be reversed. The jury is not authorized to convict a defendant of crime unless they believe the evidence beyond a reasonable doubt.

As this case must be remanded for another trial, and there are other rulings of the court to which exceptions were taken, some of them having merit…

2Cases cited1 opinion

  1. Brunson v. StateSupreme Court of Alabama · 1903

3Cited by3 opinions

  1. Johnson v. StateSupreme Court of Alabama · 1964
  2. Johnson v. StateAlabama Court of Appeals · 1965
  3. Baxter v. StateAlabama Court of Appeals · 1962

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