Jones v. State
Supreme Court of Alabama
Appeal from Marengo Law and. Equity Court. Heard before Hon. Edward J. Gilder. John Jones was convicted of murder, and he appeals. The court erred in giving the charge requested by the state.
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Appeal from Marengo Law and. Equity Court. Heard before Hon. Edward J. Gilder. John Jones was convicted of murder, and he appeals. The court erred in giving the charge requested by the state. Successfully means in a successful manner, prosperously, favorably, and a defendant is required to do no more for his acquittal than to' raise a reasonable doubt of his guilt. — Hinson v. State, 112 Ala. 41; Ragsdale v. State, 134 Ala. 24. It is therefore submitted that the cases of Parham v. State, 147 Ala. 61, and Prater v. State, 107 Ala. 26 should be overruled wherein they approve this charge. The…
1Opinion of the CourtMayfield, J.
The defendant was indicted for the murder of Rufus Howard, by shooting him with a gun or pistol. The undisputed evidence showed the killing to have occurred as alleged. There was, however, evidence tending to show self-defense. The jury decided this issue against the defendant, and imposed the punishment of 25 years’ servitude in the penitenti*22ary. The only errors insisted upon by defendant’s counsel relate to self-defense, and we find none other which merit discussion.
The court, at the request of the prosecuting attorney in writing, charged the jury, among other things, as follows : “I charge…
2Cases cited5 opinions
- Albritton v. StateSupreme Court of Alabama · 1891
- Chaney v. Burford Lumber Co.Supreme Court of Alabama · 1902
- Tatum v. StateSupreme Court of Alabama · 1901
- Hatch v. StateSupreme Court of Alabama · 1906
- Beavers v. StateSupreme Court of Alabama · 1893
3Cited by7 opinions
- Fuller v. StateAlabama Court of Appeals · 1917
- Morris v. StateAlabama Court of Appeals · 1930
- State v. JohnsonSouth Dakota Supreme Court · 1945
- Thacker v. StateSupreme Court of Alabama · 1931
- Threet v. StateAlabama Court of Appeals · 1922
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