Winford v. State.
Alabama Court of Appeals
Appeal from Circuit Court, Lauderdale County; C. P. Almon, Judge. Mack Winford was convicted of murder in the second degree, and he appeals. The defendant was indicted by the grand jury of Lauderdale county upon a charge of murder in the first degree. On the trial, he was .convicted of murder in' the second degree, and from the judgment of conviction he appeals.
1Opinion of the Court
' SAMFORD, J.
[1] The court in its general charge, and without being requested in writing to do so, charged the jury as follows:
“Therefore, gentlemen of the jury, it would be your duty to find in favor of the state, under the plea of not guilty, if you believe the evidence beyond a reasonable doubt.”
The defendant when called interposed: First,- the general plea of not guilty; and, second, not guilty by reason of insanity. Although there might be no conflict in the testimony upon the plea of not guilty, the court was not authorized to charge upon the effect of the evidence without having been…
2Cases cited3 opinions
- Collins v. StateSupreme Court of Alabama · 1902
- Gafford v. StateSupreme Court of Alabama · 1899
- Foster v. StateSupreme Court of Alabama · 1872
3Cited by5 opinions
- State v. OdellWashington Supreme Court · 1951
- Terry v. StateCourt of Criminal Appeals of Alabama · 1984
- Roberson v. StateAlabama Court of Appeals · 1929
- State v. AnthonySupreme Court of Alabama · 1990
- Winford v. StateAlabama Court of Appeals · 1919