Olive v. State
Alabama Court of Appeals
Appeal from Fayette Circuit Court. Heard before Hon. Bernard Harwood, Elmer Olive was convicted of manslaughter in the first degree, and he appeals. The following are the charges referred to: “(1) If, after considering all the evidence, the minds of the jury should be in a state of confusion as to defendant’s guilt or innocence, you must find the defendant not guilty.”
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Appeal from Fayette Circuit Court. Heard before Hon. Bernard Harwood, Elmer Olive was convicted of manslaughter in the first degree, and he appeals. The following are the charges referred to: “(1) If, after considering all the evidence, the minds of the jury should be in a state of confusion as to defendant’s guilt or innocence, you must find the defendant not guilty.” “(16) I charge you that evidence of threats is admissible in this case to enable the jury to determine who provoked the difficulty, for the law says that a man who has threatened is more likely to bring on a fight than another…
1Opinion of the CourtThomas, J.
— This is the second appeal in this case —the former being reported in Olive v. State, 2 Ala. App. 77, 57 South. 66, where the judgment of conviction was reversed. On the subsequent trial the defendant was convicted of manslaughter in the first degree, and sentenced for five years. The only errors now urged are those alleged to- have been committed by the trial court in the refusal of certain written instructions requested by defendant, and it is not necessary to an understanding of the disposition we make of these rulings that the facts of the case be reviewed or set out.
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2Cases cited3 opinions
- DeArman v. StateSupreme Court of Alabama · 1882
- Alabama Great Southern Railroad v. RobinsonSupreme Court of Alabama · 1913
- Olive v. StateAlabama Court of Appeals · 1911
3Cited by6 opinions
- Collier v. StateCourt of Criminal Appeals of Alabama · 1973
- Weaver v. StateAlabama Court of Appeals · 1950
- James v. StateAlabama Court of Appeals · 1914
- Williams v. StateAlabama Court of Appeals · 1952
- Denson v. StateAlabama Court of Appeals · 1946
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