Andrews v. State
Alabama Court of Appeals
Appeal from Circuit Court, Baldwin County; A. E. Gamble, Judge. Sim Andrews was convicted of manslaughter, and he appeals.
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Appeal from Circuit Court, Baldwin County; A. E. Gamble, Judge. Sim Andrews was convicted of manslaughter, and he appeals. Charge AA is as follows: The court charges the jury that if they believe from the evidence in this case that Sim Andrews did not take any part in the alleged mob, that he did not agree with any one or more to join in or assist in killing Frank Foukal, and that he did not encourage said killing and did not assist therein, but that he tried to dissuade the others, and merely took the part he did for the purpose of protecting the sheriff and of fooling the other persons and…
1Opinion of the CourtSamford, J.
Charges 1, 2, 16, 21, 29, 34, 36, Q, and R, are all charges attempting to define “reasonable doubt” and “burden of proof.” The court had already, in its oral charge, clearly defined the law of “reasonable doubt” and “burden of proof,” and at the request of the defendant gave in writing 30 charges on this same subject, many of which might have been well refused; but, in any event, the propositions of law embraced in the above charges were fully covered in the written charges given at the request of the defendant and the general charge of the court. The multiplication of charges defining a…
2Cases cited4 opinions
- Walker v. StateSupreme Court of Alabama · 1908
- Madden v. FloydSupreme Court of Alabama · 1881
- Ward v. StateSupreme Court of Alabama · 1874
- Lester v. StateSupreme Court of Alabama · 1910
3Cited by4 opinions
- Brewington v. StateAlabama Court of Appeals · 1923
- People v. DavisCalifornia Court of Appeal · 1928
- Turner v. StateAlabama Court of Appeals · 1939
- Lee v. StateAlabama Court of Appeals · 1938