Ragland v. State
Supreme Court of Alabama
Appeal from Colbert Circuit Court. Heard before Hon. John H. Peach, Special Judge. Lester Ragland was convicted of murder in the first degree, and he appeals. The objections to evidence sufficiently appear from the opinion.
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Appeal from Colbert Circuit Court. Heard before Hon. John H. Peach, Special Judge. Lester Ragland was convicted of murder in the first degree, and he appeals. The objections to evidence sufficiently appear from the opinion. The oral charge of the court objected to is as follows: “(1) Malice may be implied from the use of a deadly weapon, provided the killing is shown to have been without legal justification or excuse, or unless the defendant has rebutted this presumption of malice by legal testimony.” (2) “If you believe from the evidence, beyond a reasonable doubt that the defendant…
1Opinion
ON REHEARING.
2Per curiam
There was no error in that part of the oral charge of the court recited in the first exception. It is not liable to the criticism suggested, that it excludes from consideration all evidence save that introduced by the defendant in rebuttal of the presumption of malice, as the presumption is stated to exist only “provided the killing is shown to have been without legal justification or excuse.”
There was no error in that part of the oral charge recited in the second exception. — Code of 1907, § 7090; Clarke v. State, 117 Ala. 1, 8, 23 South. 671, 67 Am. St. Rep. 157; Parnell v.…
3Cases cited4 opinions
- Lewis v. StateSupreme Court of Alabama · 1892
- Clarke v. StateSupreme Court of Alabama · 1897
- Hampton v. StateSupreme Court of Alabama · 1871
- Cates v. StateSupreme Court of Alabama · 1874