Williams v. State
Supreme Court of Alabama
EboM the Circuit Court of Wilcox. Tried before the Hon. JOHN Moobe. The defendant was indicted and tried for forgery, at the Fall Term, 1892. The defendant asked the written charge: “If there is a probability of the defendant’s innocence, then the jury should acquit the defendant,” which was given, with the oral explanation to the jury, that “probability is the state of being probable,” and that “probable had been defined to be, having more evidence for than against —…
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EboM the Circuit Court of Wilcox. Tried before the Hon. JOHN Moobe. The defendant was indicted and tried for forgery, at the Fall Term, 1892. The defendant asked the written charge: “If there is a probability of the defendant’s innocence, then the jury should acquit the defendant,” which was given, with the oral explanation to the jury, that “probability is the state of being probable,” and that “probable had been defined to be, having more evidence for than against — supported by evidence which inclines the mind to belief, but leaves some room for doubt.” To this oral charge, or explanation,…
1Opinion of the CourtHead, J.
The minute entry recites that the defendant demurred to the indictment on the grounds set forth in the demurrer, which the court overruled. There is no demurrer in the record, and we have no brief pointing out the supposed defects. We are unable to see any defect or insufficiency in the indictment. —Rembert v. State, 53 Ala. 467; Horton v. State, Ib. 488; Hobbs v. State, 75 Ala. 1; Johnson v. State, 35 Ala. 370; Code 1886, § 4385. It follows the language of the statute. — Code, § 3852.
*23Tbe defendant objected to tbe introduction of tbe instrument, tbe subject of tbe alleged forgery, on tbe same…
2Cases cited4 opinions
- Rembert v. StateSupreme Court of Alabama · 1875
- Hobbs v. StateSupreme Court of Alabama · 1883
- Bain v. StateSupreme Court of Alabama · 1883
- Johnson v. StateSupreme Court of Alabama · 1860
3Cited by6 opinions
- Prince v. StateSupreme Court of Alabama · 1893
- Callaway & Truitt v. GaySupreme Court of Alabama · 1904
- Jackson v. StateSupreme Court of Alabama · 1902
- Hale v. StateAlabama Court of Appeals · 1913
- Hester v. StateSupreme Court of Alabama · 1893
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