Bain v. State
Supreme Court of Alabama
From the Circuit Court of Jackson, on change of venue from-Marshall. Tried before the Hon. H. C. Speaks. • The indictment in this case charged the defendant, James M. Pain, with the murder of Bluford Johnson, by shooting him with a pistol. On a former trial, the defendant was found guilty of manslaughter in the first degree; but the judgment was reversed by this court, and the cause remanded. — See the report of the case in 70 Ala.
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From the Circuit Court of Jackson, on change of venue from-Marshall. Tried before the Hon. H. C. Speaks. • The indictment in this case charged the defendant, James M. Pain, with the murder of Bluford Johnson, by shooting him with a pistol. On a former trial, the defendant was found guilty of manslaughter in the first degree; but the judgment was reversed by this court, and the cause remanded. — See the report of the case in 70 Ala. J-7. On a second trial, as shown by the present record, the defendant again pleaded not guilty; and issue being joined on that plea, he was again convicted of…
1Opinion of the CourtSomerville, J.
— The judgment in this cause must, in our opinion, be reversed, for the error committed in refusing the last charge, numbered eleven, which was requested by the defendant. This charge reads as follows: “ A probability of defenda/ntfs innocence is a just foundation for a reasonable doubt of his guilt, and therefore for his acquittal.”
*39• Our rulings on this point are not in harmony. The charge, as requested, was evidently taken from Cohen’s case, 50 Ala. 108, where it was held to assert a correct proposition of law, and its refusal was decided to be error. In Bay’s case, reported in the same…
2Cases cited4 opinions
- Williams v. StateSupreme Court of Alabama · 1875
- Cohen v. StateSupreme Court of Alabama · 1874
- Browning v. StateMississippi Supreme Court · 1872
- Ray v. StateSupreme Court of Alabama · 1874
3Cited by29 opinions
- Edwards v. StateSupreme Court of Alabama · 1920
- Winslow v. StateSupreme Court of Alabama · 1884
- Prince v. StateSupreme Court of Alabama · 1893
- Howard v. StateSupreme Court of Alabama · 1895
- Adams v. StateSupreme Court of Alabama · 1912
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