Miller v. State
Alabama Court of Appeals
Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. Oscar Miller was convicted of assault and battery, and appeals. The charge referred to is as follows: The court charges you, gentlemen of the jury, if there is a reasonable doubt of the defendant’s innocence, then should find this defendant not guilty, after conceding all the evidence.
1Opinion of the Court
PELHAM, P. J.(1) The defendant’s refused charge, set out in the record, that it is insisted shows error requiring a reversal of the case, was properly refused. It does not assert a correct proposition of law, uses patently inapt words, and is confusing and unintelligible. Charges which use words improperly for other words and are thereby rendered unintelligible are properly refused. — Gaston v. State, 161 Ala. 37, 49 South. 876.(2) The record does not contain a bill of exceptions or the oral charge of the court, and if the charge was not rendered unintelligible by the use of improper terms,…
2Cases cited2 opinions
- Gaston v. StateSupreme Court of Alabama · 1909
- Mitchell v. StateAlabama Court of Appeals · 1916
3Cited by3 opinions
- Uptain v. StateAlabama Court of Appeals · 1953
- Johnson v. StateAlabama Court of Appeals · 1951
- Jones v. StateAlabama Court of Appeals · 1950