McDade v. State
Alabama Court of Appeals
Appeal from Montgomery City Court. Heard before Hon. Armistead Brown. Joe F. MeDade was convicted of maliciously or wantonly killing a horse, and he appeals. Charge 2: “Defendant cannot be convicted in this case unless each and every juror is not only reasonably satisfied from the evidence of defendant’s guilt, but is satisfied from the evidence, and the evidence alone, beyond all reasonable doubt, and to a moral certainty, of his guilt.”
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Appeal from Montgomery City Court. Heard before Hon. Armistead Brown. Joe F. MeDade was convicted of maliciously or wantonly killing a horse, and he appeals. Charge 2: “Defendant cannot be convicted in this case unless each and every juror is not only reasonably satisfied from the evidence of defendant’s guilt, but is satisfied from the evidence, and the evidence alone, beyond all reasonable doubt, and to a moral certainty, of his guilt.” Charge 5: “The court charges the jury that, if it is probable that defendant is innocent, you should promptly acquit him.” The court was in error in…
1Opinion of the CourtPelham, J.
Charge No. 2 requested in writing by the defendant states correct propositions of law, is not covered by any given charge, and its refusal is error that must reverse the case. The charge is not subject to the criticism of argumentativeness made by the Attorney- General. It is in effect a statement that a juror’s mind must be led to a belief of the defendant’s guilt, not only by the measure of proof required in a civil case, but by that necessary in a criminal case from a consideration of the evidence. The form in which the charge is framed as applying to each of the jurors being satisfied…
2Cases cited7 opinions
- Councill v. MayhewSupreme Court of Alabama · 1911
- Way v. StateSupreme Court of Alabama · 1908
- Braham v. StateSupreme Court of Alabama · 1904
- Hale v. StateSupreme Court of Alabama · 1898
- West Pratt Coal Co. v. AndrewsSupreme Court of Alabama · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Lotz v. StateAlabama Court of Appeals · 1930
- Nesbitt v. StateCourt of Criminal Appeals of Alabama · 1975
- Pairrett v. StateAlabama Court of Appeals · 1934
- Birmingham Stove & Range Co. v. LawlerAlabama Court of Appeals · 1914
- Nesbitt v. StateCourt of Criminal Appeals of Alabama · 1975