Sanders v. State
Supreme Court of Alabama
Albert Sanders was convicted of murder, and lie appeals. The following are tbe charges refused to the defendant and directed to be set out: “(d) The evidence against the defendant is circumstantial, and his innocence should be presumed by the jury until his guilt is established by the evidence, in all the material aspects of the case, beyond a reasonable doubt and to a moral certainty.”
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Albert Sanders was convicted of murder, and lie appeals. The following are tbe charges refused to the defendant and directed to be set out: “(d) The evidence against the defendant is circumstantial, and his innocence should be presumed by the jury until his guilt is established by the evidence, in all the material aspects of the case, beyond a reasonable doubt and to a moral certainty.” (5) Same as (d), and adds: “To find him guilty, the evidence must be strong and cogent; and, unless it is so strong and cogent as to show guilt to a moral certainty, the jury must find him not guilty.” “(11)…
1Opinion of the CourtMcOLELLAN, J.
The appellant has been sentenced to death for the murder of Mrs. Julia May Hess. The corpus delicti was proven. There was evidence tending to show ■that her death was caused by knife wounds or strangulation, or both, thus justifying the trial court in refusing to the defendant the general affirmative charge on the theory that the second count was entirely unsupported, in a material respect, by the evidence. The issue due to be submitted to the jury was whether the appellant was a guilty agent in the perpetration of this brutal murder; the theory of the prosecution being that the defendant and…
2Cases cited7 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Wilson v. United StatesSupreme Court of the United States · 1896
- People v. DurrantCalifornia Supreme Court · 1897
- Malachi v. StateSupreme Court of Alabama · 1889
- Rollings v. StateSupreme Court of Alabama · 1909
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Hallford v. StateCourt of Criminal Appeals of Alabama · 1988
- Wilson v. StateAlabama Court of Appeals · 1942
- Burgess v. StateCourt of Criminal Appeals of Alabama · 1998
- Stallings v. StateSupreme Court of Alabama · 1946
- Jolly v. StateCourt of Criminal Appeals of Alabama · 1981
16 more not listed; retrieve them via the Exa API.