Turner v. State
Alabama Court of Appeals
Appeal from Circuit Court, Houston County; H. A. Pearce, Judge. Fannie Turner was convicted of manslaughter, and she appeals. The following charges were refused to the defendant: (3) The court charges the jury that if they are not convinced beyond a reasonable doubt that the defendant is guilty as charged, then they cannot so convict the defendant.
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Appeal from Circuit Court, Houston County; H. A. Pearce, Judge. Fannie Turner was convicted of manslaughter, and she appeals. The following charges were refused to the defendant: (3) The court charges the jury that if they are not convinced beyond a reasonable doubt that the defendant is guilty as charged, then they cannot so convict the defendant. (6) If the jury believe from the evidence that the deceased followed the defendant and brought on the difficulty, and the defendant was free from fault, and that the deceased cut the defendant and threw her to the ground, still cutting her, then…
1Opinion of the CourtMerritt, J.
The appellant was indicted for the murder of Hattie Parker, and was convicted of manslaughter in the first degree; her punishment being fixed at two years in the penitentiary.
[1] Charge 3, as written, was subject to criticism as having a tendency to mislead the jurjr. Aside from this, it was unquestionably misleading, in view of the particular circumstances incident to this case, it was agreed in ■ open court that the state would not insist upon a conviction for a higher degree of homicide than murder in the second degree. The conviction was for manslaughter in the first degree. In the light…
2Cases cited5 opinions
- Rollings v. StateSupreme Court of Alabama · 1909
- Nelson v. StateSupreme Court of Alabama · 1900
- Rowlan v. StateAlabama Court of Appeals · 1916
- Jones v. StateSupreme Court of Alabama · 1908
- Holyfield v. StateAlabama Court of Appeals · 1919
3Cited by4 opinions
- State v. ErwinUtah Supreme Court · 1941
- Moulton v. StateAlabama Court of Appeals · 1923
- Carr v. StateAlabama Court of Appeals · 1926
- Kiel v. StateAlabama Court of Appeals · 1938