Anderson v. State
Supreme Court of Alabama
Appeal from Lauderdale Circuit Court. Heard before Hon. C. P. Almon. Fancy Anderson was convicted of murder, and he appeals. The following charges were refused to the defendant: “(2) If the jury believe from the evidence beyond a. reasonable doubt that defendant unlawfully killed Enos Johnson with malice, but without deliberation or premeditation, they will find him guilty of murder in the second degree.
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Appeal from Lauderdale Circuit Court. Heard before Hon. C. P. Almon. Fancy Anderson was convicted of murder, and he appeals. The following charges were refused to the defendant: “(2) If the jury believe from the evidence beyond a. reasonable doubt that defendant unlawfully killed Enos Johnson with malice, but without deliberation or premeditation, they will find him guilty of murder in the second degree. Gentlemen of the jury, I charge you that there is no evidence in this case of a conspiracy to kill Enos Johnson, and you do not have a right to find the defendant guilty on the theory that…
1Opinion of the CourtDenson, J.
No duty rests upon a trial court to give a charge which .asserts that there is no evidence of a specified fact or state of facts. In view of this principle, charges 2 and 7 were properly refused to the defendant.; — Mobile, etc., Co. v. Walsh, 146 Ala. 295, 40 South. 560. Furthermore, it affirmatively appears from the record that each of the above charges was requested to answer or counteract the argument made by the solicitor, and this is an additional reason why the court cannot be put in error for refusing them.
The jury would have been warranted in finding from the evidence that the…
2Cases cited2 opinions
- Smith v. StateSupreme Court of Alabama · 1904
- Mobile Light & R. R. v. Walsh, C.Supreme Court of Alabama · 1906
3Cited by11 opinions
- Harwell v. StateAlabama Court of Appeals · 1915
- Owens v. StateSupreme Court of Alabama · 1973
- Lundsford v. StateAlabama Court of Appeals · 1911
- Cleveland v. StateAlabama Court of Appeals · 1924
- Bridgeforth v. StateAlabama Court of Appeals · 1916
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