Davis v. State
Alabama Court of Appeals
Violating Prohibition Law. Appeal from Geneva County Court. Heard before Hon. John A. Campbell. Bachael Davis was convicted of violating the prohibition .law, and appeals. Charge 4 is as follows: “If, from the testimony, there is a probability of defendant’s innocence, that is a just ground for a reasonable doubt; and, if such probability exists in this case, you cannot convict the defendant.”
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Violating Prohibition Law. Appeal from Geneva County Court. Heard before Hon. John A. Campbell. Bachael Davis was convicted of violating the prohibition .law, and appeals. Charge 4 is as follows: “If, from the testimony, there is a probability of defendant’s innocence, that is a just ground for a reasonable doubt; and, if such probability exists in this case, you cannot convict the defendant.” Charge 4 was improperly refused, as was charge 5. — Ganey v. The State, 141 Ala. 72; Henderson v. The State, 120 Ala. 365; Whit-taker v. The State, 106 Ala. 35; Groft v. The State, 95 Ala. 3. Counsel…
1Opinion of the CourtWalker, P. J.
The motion made in this case to strike that part ■ of the transcript which sets out the venire for, and the organization of, the petit juries is granted, as no question in reference to those matters was raised in the trial court. — Redman v. State, 8 Ala. App., 62 South. 992.
*124Following previous rulings in this state, it must be held that the instruction embodied in written charge 4, requested by the defendant, was one which he ivas entitled to have given, and that the court was in error in refusing to give it. — Gainey v. State, 141 Ala. 72, 37 South. 355; Whitaker v. State, 106 Ala. 30, 17…
2Cases cited2 opinions
- Whitaker v. StateSupreme Court of Alabama · 1894
- Gainey v. StateSupreme Court of Alabama · 1904
3Cited by5 opinions
- Bankhead v. StateAlabama Court of Appeals · 1947
- Mathis v. StateAlabama Court of Appeals · 1916
- Bradford v. StateAlabama Court of Appeals · 1951
- Commons v. StateAlabama Court of Appeals · 1951
- Wilbanks v. StateCourt of Criminal Appeals of Alabama · 1971