Murkison v. State
Alabama Court of Appeals
Appeal from Montgomery City Court. Heard before Hon. Armstead Brown. J. F. Murkison was convicted of an assault with a Aveapon, and appeals. The folloAving charges Avere refused to defendant: (10) The jury should not convict defendant Avithout a reasonable belief of his guilt, and even such reasonable belief might not be sufficiently shoAvn to exclude a rea-' sonable doubt to the contrary.
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Appeal from Montgomery City Court. Heard before Hon. Armstead Brown. J. F. Murkison was convicted of an assault with a Aveapon, and appeals. The folloAving charges Avere refused to defendant: (10) The jury should not convict defendant Avithout a reasonable belief of his guilt, and even such reasonable belief might not be sufficiently shoAvn to exclude a rea-' sonable doubt to the contrary. (5) The court charges the jury that, if you believe from the evidence in this case that defendant had in his possession a Avarrant for the arrest of a man in the house in which the shooting occurred, and…
1Opinion of the CourtThomas, J.
The defendant was convicted of an assault and battery with a weapon. The evidence for the state tended to show, in substance, that on the night and at the time of the assault Ed Tolliver, the person assaulted, was at the home of Ben Elmore, where he and others were in a room engaged in a crap game; that while they were so engaged the defendant, accompanied by one Naftel and one Keith, came there, the two latter going to the back door of the house, and the defendant to the front door, through which he (defendant) entered into the room where the parties were engaged in playing the game…
2Cases cited6 opinions
- Cross v. StateSupreme Court of Alabama · 1881
- Noles v. StateSupreme Court of Alabama · 1854
- McAdory v. StateSupreme Court of Alabama · 1878
- Brown v. StateSupreme Court of Alabama · 1895
- Bynum v. StateAlabama Court of Appeals · 1913
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Pickett v. RichardsonSupreme Court of Alabama · 1931
- Guyton v. StateSupreme Court of Alabama · 1987