Davis v. State
Supreme Court of Alabama
Appeal from Shelby County Court. Heard before Hon. E. S. Lyman. Walter Davis was convicted of murder, and he appeals. The following charges were refused to defendant: (2) “If, from the evidence in this case, there is a x>rob-ability of defendant’s innocence, the jury should find him not guilty, even though the jury has nO‘ reasonable doubt from the evidence that defendant is guilty.”
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Appeal from Shelby County Court. Heard before Hon. E. S. Lyman. Walter Davis was convicted of murder, and he appeals. The following charges were refused to defendant: (2) “If, from the evidence in this case, there is a x>rob-ability of defendant’s innocence, the jury should find him not guilty, even though the jury has nO‘ reasonable doubt from the evidence that defendant is guilty.” (3) “If any of the state’s witnesses have exhibited prejudice or anger against defendant and satisfied you that they have not testified truly and are not worthy of belief, and you think their testimony should be…
1Opinion of the CourtSayre, J.
Defendant killed one Watters by shooting him with a pistol, was convicted of murder in the • first degree, and sentenced to imprisonment for life.
Defendant admitted the killing, which indeed had been committed in a store at Siluria and had been witnessed by a number of people, and sought to excuse himself on the ground of self-defense.
Defendant was allowed to show that about 30 minutes before the killing, and while he and deceased were waiting to be paid off at the mills in the neighborhood where they worked together, deceased had made an attack upon him and threatened him with a mill hammer.…
2Cases cited15 opinions
- Jones v. StateSupreme Court of Alabama · 1911
- Storey v. StateSupreme Court of Alabama · 1882
- Oliver v. StateSupreme Court of Alabama · 1850
- Daughdrill v. StateSupreme Court of Alabama · 1896
- Maddox v. StateSupreme Court of Alabama · 1909
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3Cited by56 opinions
- Edwards v. StateSupreme Court of Alabama · 1920
- Caldwell v. StateSupreme Court of Alabama · 1919
- Abramson v. HardSupreme Court of Alabama · 1934
- Ex Parte StateSupreme Court of Alabama · 1923
- Head v. StateAlabama Court of Appeals · 1950
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