Martin v. State
Alabama Court of Appeals
Appeal from Lauderdale Circuit Court. Heard before Hon. C. P. Alm!on. Rube Martin was convicted of violating the prohibition law, and he appeals. The following is charge 5: “I charge you, gentlemen of the jury, if upon considering all the evidence you have a reasonable doubt of defendant’s guilt, arising out of any paid of the evidence, it is your duty to find him not guilty.”
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Appeal from Lauderdale Circuit Court. Heard before Hon. C. P. Alm!on. Rube Martin was convicted of violating the prohibition law, and he appeals. The following is charge 5: “I charge you, gentlemen of the jury, if upon considering all the evidence you have a reasonable doubt of defendant’s guilt, arising out of any paid of the evidence, it is your duty to find him not guilty.” Counsel discuss the relation of the court and the jury and insist that defendant was entitled to the special instruction requested, but in view of the opinion, it is not deemed necessary to here set them out. The court…
1Opinion of the CourtWalker, P. J.
Though the court properly gave the general affirmative charge in favor of the State, still it was a question for the jury whether the evidence showed beyond a reasonable doubt that the defendant was guilty, and he was entitled to have the court give proper requested instructions bearing upon this question. The court was in error in refusing to give written charge 5, requested by the defendant.—Griffin v. State, 150 Ala. 49, 43 South. 187.
It is not deemed necessary to a proper disposition of the case on another trial to pass upon other rulings presented for review.
Reversed and remanded.
2Cases cited2 opinions
- Griffin v. StateSupreme Court of Alabama · 1907
- State ex rel. Ducourneau v. LanganSupreme Court of Alabama · 1907
3Cited by3 opinions
- Sanford v. StateAlabama Court of Appeals · 1954
- Rakestraw v. StateSupreme Court of Alabama · 1924
- Spelce v. StateAlabama Court of Appeals · 1914