Bones v. State
Supreme Court of Alabama
Appeal from the County Court of Bibb. Tried before the Hon. N. H. Thompson. The appellant was tried and convicted for an assault with a weapon. The evidence for the State tended to show that the defendant assaulted one West Morris with a knife. The evidence for the defendant tended to show that it was some other person than the defendant who had the knife, and that the defendant did not strike at West Morris with a knife, or otherwise.
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Appeal from the County Court of Bibb. Tried before the Hon. N. H. Thompson. The appellant was tried and convicted for an assault with a weapon. The evidence for the State tended to show that the defendant assaulted one West Morris with a knife. The evidence for the defendant tended to show that it was some other person than the defendant who had the knife, and that the defendant did not strike at West Morris with a knife, or otherwise. Upon the introduction of all the evidence the defendant requested the court, among other charges, to give the following written charges, and separately…
1Opinion of the CourtHaralson, J.
1. Charges 6 and 11, which were refused, each assert the same correct principle, that if there was a probability of defendant’s innocence, the defendant should be found not guilty. A probability of defendant’s innocence is the equivalent of a reasonable doubt of guilt, which requires his acquittal. — Bain v. The State, 74 Ala. 38; Croft v. The State, 95 Ala. 3; Whitaker v. The State, 106 Ala. 30.
2. The 9th charge was properly refused. The law does not require full proof of guilt — another expression for clear or positive proof, beyond any doubt — but only such proof as produces satisfaction…
2Cases cited5 opinions
- Griffith v. StateSupreme Court of Alabama · 1891
- Whitaker v. StateSupreme Court of Alabama · 1894
- Bain v. StateSupreme Court of Alabama · 1883
- Croft v. StateSupreme Court of Alabama · 1891
- Lowe v. StateSupreme Court of Alabama · 1889
3Cited by29 opinions
- Dolvin v. StateCourt of Criminal Appeals of Alabama · 1979
- Adams v. StateSupreme Court of Alabama · 1912
- Smith v. StateSupreme Court of Alabama · 1901
- Sharifi v. StateCourt of Criminal Appeals of Alabama · 2008
- Sanders v. DavisSupreme Court of Alabama · 1907
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