Dennis v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Jackson. Tried before the Hon. James A. Bilbro. The facts of this case are sufficiently stated in the opinion.
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Appeal from the Circuit Court of Jackson. Tried before the Hon. James A. Bilbro. The facts of this case are sufficiently stated in the opinion. The eighth charge referred to in the opinion of the court, which was asked by the defendant, and to the refusal to give which the defendant separately excepted, was as follows : ‘ ‘The humane provision of the law is that a conviction should not be had on circumstantial evidence, unless it excludes to a moral certainty every reasonable hypothesis but that of the' defendant’s guilt. If the facts can be reasonably reconciled with any theory of the case…
1Opinion of the Court
COLEMAN J.
The defendant was indicted for murder in the first degree and tried and convicted of murder *66in the second degree. The questions presented for review, which are insisted upon in the brief of counsel for appellant, are the refusal of the court, though requested thereto, to instruct the jury upon the law of manslaughter, and the refusal to give charge No. 8 requested by the defendant.
The. court is the judge of the law of the case, and in the exercise of this power, determines the legality and admissibility of the evidence offered. An indictment for murder in the statutory form includes…
2Cases cited5 opinions
- Hornsby v. StateSupreme Court of Alabama · 1891
- Brown v. StateSupreme Court of Alabama · 1895
- Pierson v. StateSupreme Court of Alabama · 1892
- Tidwell v. StateSupreme Court of Alabama · 1881
- Compton v. StateSupreme Court of Alabama · 1895
3Cited by43 opinions
- Reeves v. StateSupreme Court of Alabama · 1914
- Rowe v. StateSupreme Court of Alabama · 1943
- Rector v. StateAlabama Court of Appeals · 1914
- Ragland v. StateSupreme Court of Alabama · 1899
- Shelton v. StateSupreme Court of Alabama · 1905
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