Crumley v. State
Alabama Court of Appeals
Appeal from Circuit Court, Cleburne County; A. P. Agee, Judge. Benjamin Crumley was convicted of; manslaughter, and he appeals. The following charges were refused to the defendant: t (6) The court charges the jury that you are not authorized to find a verdict of guilt on the testimony of a single witness, if you have a reasonable doubt of the truth of his statement.
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Appeal from Circuit Court, Cleburne County; A. P. Agee, Judge. Benjamin Crumley was convicted of; manslaughter, and he appeals. The following charges were refused to the defendant: t (6) The court charges the jury that you are not authorized to find a verdict of guilt on the testimony of a single witness, if you have a reasonable doubt of the truth of his statement. (19) The law gives a person the same right to use such force as may be reasonably necessary under the circumstances by which he is surrounded to protect himself from great bodily harm as it does to prevent his life being taken. He…
1Opinion of the CourtSamford, J.
[1] The defendant requested the court in writing to give this charge:
“The court charges the jury if they do not believe the evidence in this case beyond a reasonable doubt it is their duty to acquit the defendant.”
This is the converse of the general affirmative charge that:
“If the jury believe the evidence beyond a reasonable doubt the jury must convict.”
Where the evidence is without conflict establishing defendant’s guilt, it has been held proper for the court to give this last charge upon request of the state, but where the evidence is in conflict or there are inferences legally to be drawn…
2Cases cited4 opinions
- Kennedy v. StateSupreme Court of Alabama · 1903
- Twitty v. StateSupreme Court of Alabama · 1910
- Black v. StateAlabama Court of Appeals · 1912
- Bone v. StateAlabama Court of Appeals · 1913
3Cited by11 opinions
- Ledbetter v. StateAlabama Court of Appeals · 1948
- Wyuta Cattle Co. v. ConnellWyoming Supreme Court · 1931
- Patterson v. StateAlabama Court of Appeals · 1930
- Osborn v. StateAlabama Court of Appeals · 1942
- Metcalf v. StateAlabama Court of Appeals · 1958
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