Hatch v. State
Supreme Court of Alabama
Appeal from Mobile City Court. Heard before Hon. O. J. Semmes. The appellant was indicted and convicted of an assault with intent to commit murder.
Read the full summary
Appeal from Mobile City Court. Heard before Hon. O. J. Semmes. The appellant was indicted and convicted of an assault with intent to commit murder. Charge 18 requested by the defendant and refused is in the following words; “The defendant sets up an alibi in this case, and the burden of proof is not changed when he undertakes to prove it, and if by reason of the evidence in relation to such alibi, you should entertain a reasonable doubt as to the defendant’s guilt, he should be acquitted, although you may not be able to find that the alibi has been fully proven. that 'the record should show…
1Opinion of the CourtDenson, J.
It is not made to appear by the record that- any question was raised in the city court as to the organization of the grand jury which found the indictment. Therefore, under the express provisions of section 4325 of the Code, it is not necessary that the transcript should show the organization of the grand jury which found the indictment. — Tipson’s case, 140 Ala. 39.
Charge 18, refused to the defendant, is the same as charge 47, which was refused in the case of Pickens v. State, 115 Ala. 42. In the Picken’s case it was held 'that the refusal of the charge was error. The only comment made by…
2Cases cited16 opinions
- Pickens v. StateSupreme Court of Alabama · 1896
- Prince v. StateSupreme Court of Alabama · 1893
- Johnson v. StateSupreme Court of Alabama · 1891
- Pate v. StateSupreme Court of Alabama · 1891
- Smith v. StateSupreme Court of Alabama · 1902
11 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Ragland v. StateSupreme Court of Alabama · 1939
- Hardley v. StateSupreme Court of Alabama · 1918
- Ragsdale v. StateAlabama Court of Appeals · 1914
- Johnson v. StateSupreme Court of Alabama · 1931
- Scott v. StateSupreme Court of Alabama · 1934
7 more not listed; retrieve them via the Exa API.