Doty v. State
Alabama Court of Appeals
Appeal, from Blount Circuit Court. Heard before Hon. J. E. Blackwood. John Doty ivas convicted of assault with intent to murder, and appeals. The following charges were refused to defendant; (5) “The court charges the jury that, if there is one single fact proved to the satisfaction of the jury which is inconsistent with defendant’s guilt, this is sufficient to raise a reasonable doubt of his guilt, and the jury should acquit.”
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Appeal, from Blount Circuit Court. Heard before Hon. J. E. Blackwood. John Doty ivas convicted of assault with intent to murder, and appeals. The following charges were refused to defendant; (5) “The court charges the jury that, if there is one single fact proved to the satisfaction of the jury which is inconsistent with defendant’s guilt, this is sufficient to raise a reasonable doubt of his guilt, and the jury should acquit.” (3) “The court charges the jury that each and every one of you is entitled to 'have his own conception of what constitutes a reasonable doubt of the guilt of this…
1Opinion of the CourtWalker, P. J.
There ivas evidence in the case tending to prove the existence of facts inconsistent with the defendant’s guilt. This being true, he was entitled to have the court give written charge 5 requested by him. — Walker v. State, 153 Ala. 31, 45 South. 640; Simmons v. State, 158 Ala. 8, 48 South. 606; Kirkwood v. State, 3 Ala. App. 15, 57 South. 504. The error committed in the refusal to give that charge was not cured by the giving of any other charge requested, as the proposition there stated as to the legal sufficiency of the evidence mentioned to raise a reasonable doubt of the defendant’s guilt…
2Cases cited5 opinions
- Walker v. StateSupreme Court of Alabama · 1908
- Mitchell v. StateSupreme Court of Alabama · 1900
- Simmons v. StateSupreme Court of Alabama · 1909
- Kirkwood v. StateAlabama Court of Appeals · 1912
- Bell v. StateMississippi Supreme Court · 1906
3Cited by11 opinions
- McKenzie v. StateAlabama Court of Appeals · 1923
- Green v. StateAlabama Court of Appeals · 1923
- Arnold v. StateAlabama Court of Appeals · 1922
- Hannon v. StateAlabama Court of Appeals · 1948
- McHan v. StateAlabama Court of Appeals · 1924
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