Avery v. State
Supreme Court of Alabama
Appeal from Lee Circuit Court. Tried before Hon. A. A. Evans. The facts are sufficiently set out in the opinion. The part of the oral charge excepted to is as follows: “Mercy does not belong to you. No question of mercy, sentiment or anything else resides with you except the question as to whether or not you believe from the evidence beyond a reasonable doubt that the defendant is guilty.”
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Appeal from Lee Circuit Court. Tried before Hon. A. A. Evans. The facts are sufficiently set out in the opinion. The part of the oral charge excepted to is as follows: “Mercy does not belong to you. No question of mercy, sentiment or anything else resides with you except the question as to whether or not you believe from the evidence beyond a reasonable doubt that the defendant is guilty.” The following are the two charges refused to the defendant: “1. I charge you, gentlemen of the jury, that a reasonable doubt is a doubt growing out of the evidence for which a reason may he given.” “2. I…
1Opinion of the CourtSharpe, J.
— The defendant was tried for an assault with intent to murder one Ingersoll by shooting him. The offense was committed in the dark and the main question of fact was as to the identity of the offender. A witness for the State was allowed to testify that just after the shooting he heard one Wallace say the defendant had shot Ingersoll, and that when Wallace said this he was about twenty or thirty feet from and near enough to be heard by the defendant. The conduct of one accused of crime in either admitting guilt or if the circumstances are such as to call for speech, in remaining silent when…
2Cases cited4 opinions
- Hodge v. StateSupreme Court of Alabama · 1892
- Peagler v. StateSupreme Court of Alabama · 1895
- Cohen v. StateSupreme Court of Alabama · 1874
- Ray v. StateSupreme Court of Alabama · 1874
3Cited by21 opinions
- Davis v. StateSupreme Court of Alabama · 1901
- Smith v. StateSupreme Court of Alabama · 1904
- Pettine v. Territory of New MexicoCourt of Appeals for the Eighth Circuit · 1912
- Whatley v. StateSupreme Court of Alabama · 1906
- Mitchell v. StateSupreme Court of Alabama · 1903
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