Davis v. State
Supreme Court of Alabama
Murder. Appeal from DeKalb Circuit Court. Heard before Hon. W. W. Habalson. Alex Davis was convicted of murder in the second degree, and be appeals. The following charges were given at the request of the state: “(1) It is not a mere doubt that authorizes an acquittal. The doubt that authorizes an acquittal must he a reasonable one. (2) You are the sole judges as to the weight that should be given to the testimony. (3) The defendant is a competent witness in his own behalf.
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Murder. Appeal from DeKalb Circuit Court. Heard before Hon. W. W. Habalson. Alex Davis was convicted of murder in the second degree, and be appeals. The following charges were given at the request of the state: “(1) It is not a mere doubt that authorizes an acquittal. The doubt that authorizes an acquittal must he a reasonable one. (2) You are the sole judges as to the weight that should be given to the testimony. (3) The defendant is a competent witness in his own behalf. Yet, in considering his testimony, you would he authorized to weigh it in the light of the interest he has in the result…
1Opinion of the CourtDenson, J.
The defendant was tried and convicted under an indictment which charges murder in the second degree, and was sentenced to imprisonment in the penitentiary for a period of 10 years.
The only questions presented by the record for consh L-eration relate to charges given at the request of the state and charges refused to the defendant. We find no fault with the charges in writing given at the request of the state.
Charge 18 is argumentative, and was well refused.— Stewart’s Case, 133 Ala. 105, 31 South. 944.
The indictment is for murder in the second degree; but it embraces manslaughter, and under…
2Cases cited6 opinions
- Stoball v. StateSupreme Court of Alabama · 1897
- Rhea v. StateSupreme Court of Alabama · 1893
- Thompson v. StateSupreme Court of Alabama · 1901
- Littleton v. StateSupreme Court of Alabama · 1900
- Scott v. StateSupreme Court of Alabama · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Baer & Co. v. Mobile Cooperage & Box Mfg. Co.Supreme Court of Alabama · 1909
- Tate v. StateCourt of Criminal Appeals of Alabama · 1976
- Glover v. StateAlabama Court of Appeals · 1925
- Addington v. StateAlabama Court of Appeals · 1916
- Reid v. StateSupreme Court of Alabama · 1913