De Bardelaben v. State
Supreme Court of Alabama
Appeal from Circuit Court, Elmore County; B. K. McMorris, Judge. General De Bardelaben was convicted of murder, and appeals. Appellant was convicted of murder in the first degree, and his punishment fixed at life imprisonment. His defense was an alibi.
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Appeal from Circuit Court, Elmore County; B. K. McMorris, Judge. General De Bardelaben was convicted of murder, and appeals. Appellant was convicted of murder in the first degree, and his punishment fixed at life imprisonment. His defense was an alibi. The following exceptions were reserved to portions of the oral charge: “The defendant thereupon duly and' legally excepted to that part of the court’s oral charge in which it is said in substance as follows: ‘The evidence of the state if believed beyond a reasonable doubt would be sufficient to justify the finding of the defendant guilty of…
1Opinion of the CourtGardner, J.
[1] We are of the opinion that the portions of the oral charge of the court to which exceptions were reserved, as disclosed by the statement of the case, were erroneous, and must work a reversal of the cause. In one aspect the charge was upon the effect of the evidence and, being given ex mero motu, comes within the inhibition of section 5362 of the Code of 1907. Gafford v. State, 125 Ala. 1, 28 South. 406; White v. State, 111 Ala. 92, 21 South. 330; Andrews v. State, 159 Ala. 14, 48 South. 858; McPherson v. State, 198 Ala. 5, 73 South. 387.
[2] It has been held error for the court to' so…
2Cases cited4 opinions
- McPherson v. StateSupreme Court of Alabama · 1916
- Andrews v. StateSupreme Court of Alabama · 1909
- Gafford v. StateSupreme Court of Alabama · 1899
- White v. StateSupreme Court of Alabama · 1895
3Cited by6 opinions
- Spooney v. StateSupreme Court of Alabama · 1928
- Mitchell v. StateSupreme Court of Alabama · 1923
- Harmon v. StateAlabama Court of Appeals · 1930
- Evers v. StateAlabama Court of Appeals · 1930
- Jackson v. StateSupreme Court of Alabama · 1933
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