Davis v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. Tried before the Hon. J. C. Richardson. The appellant in this case, Mose Davis, was indicted, and tried for murder, was convicted of murder in the first degree and sentenced to be hanged. The opinion on the present appeal renders it unnecessary to set out the facts of the case. The court at the request of the defendant gave to the jury several written charges.
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Appeal from the Circuit Court of Lowndes. Tried before the Hon. J. C. Richardson. The appellant in this case, Mose Davis, was indicted, and tried for murder, was convicted of murder in the first degree and sentenced to be hanged. The opinion on the present appeal renders it unnecessary to set out the facts of the case. The court at the request of the defendant gave to the jury several written charges. After these charges had been given and read to the jury, the court at the request of the 'State gave to the jury the following written charges: “The court charges the jury that the written…
1Opinion of the CourtSharpe, J.
As between the court’s oral charge set out in the transcript and the written charges given at the defendant’s request, there is no conflict; and the court did not err in charging the jury at the solicitor’s written request.— Home Protection of North Alabama v. Whidden, 103 Ala. 203.
In the judgment entry it is recited that “after selecting, empanñelling and swearing a jury according to law the indictment was read to the jury and the defendant for his plea thereto saith he is not guilty. Thereupon came a jury of good and lawful men, to-wit,” and here next after the word to-wit is set out the…
2Cases cited3 opinions
- Scott v. StateMississippi Supreme Court · 1892
- Home Protection v. WhiddenSupreme Court of Alabama · 1893
- Foote v. LawrenceSupreme Court of Alabama · 1828
3Cited by2 opinions
- Hendley v. StateSupreme Court of Alabama · 1917
- Watson v. StateAlabama Court of Appeals · 1924