Seawright v. State
Supreme Court of Alabama
Appeal from Lauderdale Circuit Court. Heard before Hon. C. P. Almon. Dave Seawright was convicted of murder in the second degree, and appeals. The following charges were refused to ■ the defendant: “(1) Unless the jury believed from the evidence that the defendant is guilty, they should fivd him not guilty.
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Appeal from Lauderdale Circuit Court. Heard before Hon. C. P. Almon. Dave Seawright was convicted of murder in the second degree, and appeals. The following charges were refused to ■ the defendant: “(1) Unless the jury believed from the evidence that the defendant is guilty, they should fivd him not guilty. (2) If you are satisfied from all the evidence that Prank Turner (or Turnley) testified falsely to any material fact, then you can, in your discretion, disregard his whole testimony. (3) Unless the jury believe from the evidence that the defendant killed Will Cole, and further believe that…
1Opinion of the CourtSayre, J.
Defendant was convicted of murder in the second degree, and appeals. The questions presented for review arise out of the refusal of the trial court to give certain written charges requested by the defendant.
Charge 1 should have been given. It is settled that unless the jury believe, beyond á reasonable doubt, that the defendant in a criminal prosecution is guilty, they must return a verdict of not guilty. The charge in -question did not require so much, and certainly the jury must believe guilt before they can believe guilt beyond a reasonable doubt. The state cannot complain that the charge…
2Cases cited4 opinions
- Hale v. StateSupreme Court of Alabama · 1898
- Prater v. StateSupreme Court of Alabama · 1894
- Pitts v. StateSupreme Court of Alabama · 1903
- Churchwell v. StateSupreme Court of Alabama · 1897
3Cited by12 opinions
- Kennedy v. StateSupreme Court of Alabama · 1973
- Cole v. StateCourt of Criminal Appeals of Oklahoma · 1921
- Montgomery v. StateAlabama Court of Appeals · 1920
- Mills v. StateAlabama Court of Appeals · 1911
- Cleveland v. StateAlabama Court of Appeals · 1924
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