Lewis v. State
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. A. D. Sayre. ' The appellant, Lem Lewis, was indicted, tried and convicted for an assault with intent to murder, and sentenced to the penitentiary for two years. On the trial of the case, the defendant introduced evidence tending to show that the assault, which was proven by the State’s evidence, was committed in self-defense.
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Appeal from the City Court of Montgomery. Tried before the Hon. A. D. Sayre. ' The appellant, Lem Lewis, was indicted, tried and convicted for an assault with intent to murder, and sentenced to the penitentiary for two years. On the trial of the case, the defendant introduced evidence tending to show that the assault, which was proven by the State’s evidence, was committed in self-defense. The only questions presented for review on the present appeal were the portions of the court’s general charge to which the defendant reserved separate exceptions . In the court’s general charge to the jury,…
1Opinion of the CourtMcCLELLAN, C. J.
The court correctly charged the jury that “the burden of proof of self-defense is on the defendant, and in order for him to be entitled to his discharge it'must be proved by a sufficient amount of evidence to raise at least a reasonable doubt of his guilt.” The doctrine that the burden is on the State where self-defense is relied on to prove that the defendant was at fault in bringing on the difficulty is also correctly stated in the general charge given ex mero motu by the court. But in another part of the general charge the jury are instructed that, “In order for the defendant to set up…
2Cited by4 opinions
- Hale v. StateSupreme Court of Alabama · 1898
- Morris v. McClellanSupreme Court of Alabama · 1908
- B'ham Ry. L. & P. Co. v. GoldsteinSupreme Court of Alabama · 1913
- Harris v. WrightSupreme Court of Alabama · 1932