McKleroy v. State
Supreme Court of Alabama
Indictment for Arson. From the Circuit Court of Barbour. Tried before the Hon. H. D. Clayton. The defendant in this ease was indicted for arson, and pleaded not guilty, but was convicted, and sentenced to the penitentiary for the term of ten years.
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Indictment for Arson. From the Circuit Court of Barbour. Tried before the Hon. H. D. Clayton. The defendant in this ease was indicted for arson, and pleaded not guilty, but was convicted, and sentenced to the penitentiary for the term of ten years. On the trial, he reserved a bill of exceptions, which does not set out any of the evidence adduced, but states that, after the court had charged the jury without objection, the defendant requested the following charges in writing: (1.) “Before the accused can be convicted, every ingredient of the crime with which he stands charged must be proved,…
1Opinion of the CourtClopton, J.
The terms, “ reasonable doubt,” and “ moral certainty,” convey to the ordinary mind their sense and meaning with more accuracy and better understanding than definition or explanation can impart. Without attempting what others have found so difficult, it may be said in general words, the doubt must be actual and substantial, not merely possible or ideal. The certainty must be of the degree that produces a conviction of the truth of the charge, on which the mind reposes with satisfaction. Absolute or mathematical certainty is not required. What amount of evidence will be sufficient to this…
2Cases cited2 opinions
- Commonwealth v. CostleyMassachusetts Supreme Judicial Court · 1875
- Coleman v. StateSupreme Court of Alabama · 1877
3Cited by19 opinions
- Lewis v. StateSupreme Court of Alabama · 1892
- Lang v. StateSupreme Court of Alabama · 1887
- Welsh v. StateSupreme Court of Alabama · 1892
- Wilkins v. StateSupreme Court of Alabama · 1893
- Brown v. StateSupreme Court of Alabama · 1895
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