Phillips v. State
Alabama Court of Appeals
Appeal from. Houston Circuit Court. Heard before Hon. H. A. Pearce. William Phillips was convicted of manslaughter in the first degree, and he appeals. The following charges were refused to defendant: (2) It is the duty of each juror to decide the issue for himself, and, if there is any juror who has a reasonable doubt of the guilt of defendant, it is his duty to stand by his convictions, and he should not yield simply because every other juror may disagree with him.
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Appeal from. Houston Circuit Court. Heard before Hon. H. A. Pearce. William Phillips was convicted of manslaughter in the first degree, and he appeals. The following charges were refused to defendant: (2) It is the duty of each juror to decide the issue for himself, and, if there is any juror who has a reasonable doubt of the guilt of defendant, it is his duty to stand by his convictions, and he should not yield simply because every other juror may disagree with him. (4) A probability of defendant’s innocence is at least equivalent to a reasonable doubt of his guilt. (21) The court charges…
1Opinion of the CourtThomas, J.
There was but one count in the indictment, and it charged, in the language prescribed by the code form (form 72 [Code 1907, § 7161]), manslaughter in the first degree. The verdict returned by the jury read as follows:
“We the jury find the defendant guilty as charged in the indictment and fix his punishment at one year in the penitentiary.”
The court rendered judgment of guilt upon this verdict, but sentenced the defendant to 12 months’ hard labor for the county, instead of to the penitentiary for one year as named in the verdict. There is no question raised but what, if the verdict of guilt is…
2Cases cited19 opinions
- Crawford v. StateSupreme Court of Alabama · 1895
- Johnson v. StateSupreme Court of Alabama · 1850
- Rogers v. StateSupreme Court of Alabama · 1897
- Johnson v. StateSupreme Court of Alabama · 1891
- Pate v. StateSupreme Court of Alabama · 1891
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3Cited by5 opinions
- Ingram v. StateAlabama Court of Appeals · 1915
- Dobbins v. StateAlabama Court of Appeals · 1916
- Starke v. StateAlabama Court of Appeals · 1944
- Wade v. StateAlabama Court of Appeals · 1939
- Green v. StateAlabama Court of Appeals · 1944