Ex parte Davis
Supreme Court of Alabama
Certiorari to Court of Appeals. Petition by Yancey Davis and another for certiorari to review the ruling of the Court of Appeals in the case of Davis v. State, 8 Ala. App. 147, (62 South. 1027), affirming the judgment of the trial court. Writ denied. The verdict in the trial court was, “We, the jury, find defendant guilty of manslaughter in the first degree, and fix as their punishment five years in the penitentiary.”
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Certiorari to Court of Appeals. Petition by Yancey Davis and another for certiorari to review the ruling of the Court of Appeals in the case of Davis v. State, 8 Ala. App. 147, (62 South. 1027), affirming the judgment of the trial court. Writ denied. The verdict in the trial court was, “We, the jury, find defendant guilty of manslaughter in the first degree, and fix as their punishment five years in the penitentiary.” The trial court refused to give at the request of defendant the following charge: “If there is one single fact proved to the satisfaction of the jury which is inconsistent with…
1Opinion of the CourtSomerville, J.
— We concur in the view of the Court of Appeals that the verdict was valid in form and in substance, and that it very clearly is not within the influence of the decision in Perry v. State, 149 Ala. 41, 43 South. 18.
Pretermitting any consideration of the merit of the view that the refusal of the charge in question could be treated as error without injury, we entertain no doubt *28as to tbe impropriety of tbe charge, and bold that it was properly refused. It has been repeatedly condemned as invasive of tbe province of tbe jury, and also as misleading. — Walker v. State, 117 Ala. 42, 23 South. 149;…
2Cases cited9 opinions
- McClain v. StateSupreme Court of Alabama · 1913
- Campbell v. StateSupreme Court of Alabama · 1913
- Walker v. StateSupreme Court of Alabama · 1908
- Walker v. StateSupreme Court of Alabama · 1897
- Roberson v. StateSupreme Court of Alabama · 1912
4 more not listed; retrieve them via the Exa API.
3Cited by65 opinions
- Wilson v. StateSupreme Court of Alabama · 1942
- McDowell v. StateSupreme Court of Alabama · 1939
- Vernon v. StateSupreme Court of Alabama · 1940
- Daniels v. StateSupreme Court of Alabama · 1943
- Robinson v. StateSupreme Court of Alabama · 1943
60 more not listed; retrieve them via the Exa API.