Gilbert v. State
Supreme Court of Alabama
Murder. Appeal from Anniston City Court. Heard before Hon. Thos. W. C'oleman. Leo Gilbert was convicted of murder, and sentenced to the penitentiary for life, and he appeals. The charge given for the state is as follows: “The court charges the jury that if they believe the evidence in this case beyond a reasonable doubt they cannot acquit the defendant.”
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Murder. Appeal from Anniston City Court. Heard before Hon. Thos. W. C'oleman. Leo Gilbert was convicted of murder, and sentenced to the penitentiary for life, and he appeals. The charge given for the state is as follows: “The court charges the jury that if they believe the evidence in this case beyond a reasonable doubt they cannot acquit the defendant.” The court erred in the charge given for the State that if the jury believe the evidence beyond a reasonable doubt they could not acquit the defendant, as such charge concluded the defendant on his plea of not guilty by reason of insanity. —…
1Opinion of the CourtAndeb-Son, J.
The defendant pleaded “not guilty” and “not guilty by reason of insanity,” and offered evidence tending to establish a. diseased mind up to and antedating the commission of the offense, and which tended to show insanity whether of a permanent or spasmodic character, though several witnesses testified that his mind was unsound, thus creating an inference that the unsoundness of his mind was permanent in its character. True, there was much evidence on the part of the state going to show that the defendant was sane, notwithstanding the burden was on him to establish his insanity, and that, if he…
2Cases cited6 opinions
- Parrish v. StateSupreme Court of Alabama · 1903
- Maxwell v. StateSupreme Court of Alabama · 1889
- McLean v. StateSupreme Court of Alabama · 1849
- Cawley v. StateSupreme Court of Alabama · 1901
- Gardner v. StateSupreme Court of Alabama · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Russell v. StateSupreme Court of Alabama · 1918
- Baker v. StateIndiana Supreme Court · 1921
- Underwood v. StateSupreme Court of Alabama · 1939
- Umble v. StateSupreme Court of Alabama · 1922
- Rikard v. StateSupreme Court of Alabama · 1923
1 more not listed; retrieve them via the Exa API.