Butler v. State
Alabama Court of Appeals
Appeal from Circuit Court, Houston County; H. A. Pearce, Judge. Josiah Butler was convicted of manslaughter, and he appeals. The following charges were refused to defendant: (1) The court charges the jury that a reasonable doubt of guilt which authorizes an acquittal is one arising from a consideration of the evidence in the case, having regard for both what it shows and what it does not.
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Appeal from Circuit Court, Houston County; H. A. Pearce, Judge. Josiah Butler was convicted of manslaughter, and he appeals. The following charges were refused to defendant: (1) The court charges the jury that a reasonable doubt of guilt which authorizes an acquittal is one arising from a consideration of the evidence in the case, having regard for both what it shows and what it does not. (2) The court charges the jury that, if they believe that any witness has sworn willfully and corruptly false, then they must disregard the testimony of such witness entirely. (3) The court charges the jury…
1Opinion of the CourtBricken, J.
[1] The defendant was indicted for murder in the second degree, was tried, and convicted of manslaughter in the first degree. The rulings of the court upon .the evidence and the refusal of several written charges requested by the defendant are complained of as error on this appeal. These questions will be dealt with in the order in which they appear. There was no error in the court’s allowing the witness Wingate to testify about what Buck Butler, the defendant’s son, said during the difficulty, as it was the contention of the state that the son was also engaged with his father in the…
2Cases cited28 opinions
- Miller v. StateSupreme Court of Alabama · 1894
- Jones v. StateSupreme Court of Alabama · 1913
- Ex parte DavisSupreme Court of Alabama · 1913
- Tesney v. StateSupreme Court of Alabama · 1884
- Andrews v. StateSupreme Court of Alabama · 1909
23 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Burton v. StateCourt of Criminal Appeals of Alabama · 1993
- Crumpton v. StateCourt of Criminal Appeals of Alabama · 1981
- Humber v. StateAlabama Court of Appeals · 1923
- Birmingham Stove & Range Co. v. VanderfordSupreme Court of Alabama · 1928
- Tidmore v. MillsAlabama Court of Appeals · 1947
8 more not listed; retrieve them via the Exa API.