Reid v. State
Supreme Court of Alabama
Appeal from Lee County Law and Equity Court. Heard before Hon. Lum Duke. Bartow Reid was convicted of murder, and he appeals. The folloAving charges were refused to defendant: “(2) The defendant has proven Avithout conflict in this case a good character.
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Appeal from Lee County Law and Equity Court. Heard before Hon. Lum Duke. Bartow Reid was convicted of murder, and he appeals. The folloAving charges were refused to defendant: “(2) The defendant has proven Avithout conflict in this case a good character. I charge you that you must consider this proof, and I charge you that you may consider it together Avith all the other evidence in the case, even to the generation of a reasonable doubt, that would authorize you to find the defendant not guilty.” “(á) I charge you, .gentlemen, that, if you believe from all the evidence in this case that…
1DissentAnderson, J.
(dissenting in part). — To my mind the defendant’s refused charge 2 asserts the law and speaks the truth. It has been often held reversible error to refuse identical charges, with the first portion omitted. — Taylor v. State, 149 Ala. 42, 42 South. 996. Therefore the only excuse for justifying the refusal of this charge is because of that part Avhich instructs that defendant has “proved, Avithout conflict, a good character.” The defendant had the right to have the jury instructed as to the effect of his undisputed evidence. He not only introduced evidence of good character, but he proved a…
2Cases cited3 opinions
- Taylor v. StateSupreme Court of Alabama · 1907
- Davis v. StateSupreme Court of Alabama · 1907
- Abrams v. StateSupreme Court of Alabama · 1908