White v. State
Alabama Court of Appeals
Appeal from Circuit Court, Dekalb County; W. W. Harralson, Judge. . Walter White was convicted of manslaughr ter for the killing of Pope Horton, and he appeals. The 'following charges were refused the defendant: (12) If there is one single fact proved to the satisfaction of the jury, which is inconsistent with the defendant’s guilt, this is sufficient to raise a reasonable doubt, and the jury should acquit.
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Appeal from Circuit Court, Dekalb County; W. W. Harralson, Judge. . Walter White was convicted of manslaughr ter for the killing of Pope Horton, and he appeals. The 'following charges were refused the defendant: (12) If there is one single fact proved to the satisfaction of the jury, which is inconsistent with the defendant’s guilt, this is sufficient to raise a reasonable doubt, and the jury should acquit. (13) The defendant had the right to shoot in self-defense to save his life, or to save himself from great bodily harm, provided he was free from fault raj bringing on the difficulty, and…
1Opinion of the CourtBricken, P. J.
[1] Charge 16, refused to defendant, was an invasion of the province of the jury, and was properly refused. If the jury, from the consideration of all the evidence, entertain two theories as to the death of the deceased, one of which. was against defendant, and the other theory favorable to him, it was for the jury to decide, after a consideration of all of the evidence, which theory to adopt as their verdict, and it was not within the province of the court to instruct them as to which theory they shall accept. Charges of similar import have been many times condemned by this court and by the…
2Cases cited8 opinions
- DeArman v. StateSupreme Court of Alabama · 1882
- Pippin v. StateSupreme Court of Alabama · 1916
- Watts v. StateSupreme Court of Alabama · 1912
- Brewer v. StateSupreme Court of Alabama · 1909
- Harvey v. StateAlabama Court of Appeals · 1916
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Kilpatrick v. StateAlabama Court of Appeals · 1953
- Dubose v. StateAlabama Court of Appeals · 1924
- Bogle v. StateAlabama Court of Appeals · 1936
- Raymond v. StateAlabama Court of Appeals · 1925
- White v. StateAlabama Court of Appeals · 1923