McCoy v. State
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. Armstead Brown. Mac McCoy was conviced of murder, and appeals. Defendant was charged with killing one Speigel. There was evidence tending to show that defendant was the man who fired the pistol that killed the deceased, and that there were others with him. The defense was an alibi.
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Appeal from Montgomery City Court. Heard before Hon. Armstead Brown. Mac McCoy was conviced of murder, and appeals. Defendant was charged with killing one Speigel. There was evidence tending to show that defendant was the man who fired the pistol that killed the deceased, and that there were others with him. The defense was an alibi. The following charges were refused the defendant: (2) “The court charges you, gentlemen of the jury, that the accused is presumed by the law to he innocent until his guilt of the offense charged against him he proved to the satisfaction of each juror beyond a…
1Opinion of the CourtSayre, J.
The question for consideration is whether the court erred in refusing separately a number of charges requested by the defendant. In view of the evi-*13denee to be found in tbe record, it is scarcely necessary to discuss tbe general charge, which the defendant asked. It was properly refused. The weight and credibility of the evidence was a matter for the determination of the jury.
Charge 2 was misleading, and was refused without error. If used in a case where an offense is charged which includes no offense of lower grade, and where in consequence the jury is limited in its finding to the…
2Cases cited14 opinions
- Gilmore v. StateSupreme Court of Alabama · 1892
- Johnson v. StateSupreme Court of Alabama · 1893
- Pickens v. StateSupreme Court of Alabama · 1896
- Yarbrough v. StateSupreme Court of Alabama · 1894
- Bailey v. StateSupreme Court of Alabama · 1910
9 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Wilson v. StateSupreme Court of Alabama · 1942
- Daniels v. StateSupreme Court of Alabama · 1943
- Robinson v. StateSupreme Court of Alabama · 1943
- Deloney v. StateSupreme Court of Alabama · 1932
- State v. WilsonWyoming Supreme Court · 1924
20 more not listed; retrieve them via the Exa API.