Love v. State
Alabama Court of Appeals
Appeal from Circuit Court, Morgan County; O. Kyle, Judge. Rervin Love was convicted of assault with, intent to murder, and he appeals.
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Appeal from Circuit Court, Morgan County; O. Kyle, Judge. Rervin Love was convicted of assault with, intent to murder, and he appeals. The following charges were refused the defendant: 2. While the burden is on the defendant to make out his plea of insanity to the reasonable satisfaction of the jury from all the evidence in the case’ yet the jury cannot find the defendant guilty of any offense embraced in the charge under which he is being tried until the jury is satisfied from all the evidence in the case beyond a reasonable doubt and to a moral certainty. •6. If there is a single fact to…
1Opinion of the CourtBricken, J.
The defendant was indicted for an assault with intent to murder. He was tried under this indictment and convicted of assault with a weapon and appeals. The defenses interposed were not guilty, and not guilty by reason of insanity.
Counsel for defendant have filed an excellent brief in this ease, and we will follow the matters complained of as error as they are briefed. -
[1,2] The rule of law sought to be stated in charge 2, refused to the defendant, is clearly stated in charge 1, given at his instance, and the refusal of this charge was not error. And, indeed, the charge is not a clear…
2Cases cited4 opinions
- Pippin v. StateSupreme Court of Alabama · 1916
- Blankenship v. StateAlabama Court of Appeals · 1914
- Oldacre v. StateSupreme Court of Alabama · 1916
- Carroll v. StateAlabama Court of Appeals · 1915
3Cited by7 opinions
- Brewington v. StateAlabama Court of Appeals · 1923
- Smith v. StateAlabama Court of Appeals · 1954
- Smith v. StateAlabama Court of Appeals · 1940
- White v. StateAlabama Court of Appeals · 1921
- Mills v. StateAlabama Court of Appeals · 1925
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