Stewart v. State

The refused charge copied in the opinion of the Court of Appeals is in substantially the language approved by this court in Letcher v. State, 159 Ala. 59, 48 So. 805, 17 Ann. Cas. 716, and in the exact language approved by the Court of Appeals in Gilbert v. State, 20 Ala. App. 565, 104 So. 45.

We have again considered it in the light of the fact that in it, while there is no direct statement that the reasonable doubt must arise out of the evidence, it is stated that such doubt must arise after considering all the evidence. True it may be that a doubt may otherwise arise, though the evidence is…