Davidson v. State
Supreme Court of Alabama
Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. Griffith Davidson was convicted of murder in the second degree and he appeals. Counsel discuss the errors assigned to the organization of the jury, but it is deemed unnecesary to here set out the authorities.
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Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. Griffith Davidson was convicted of murder in the second degree and he appeals. Counsel discuss the errors assigned to the organization of the jury, but it is deemed unnecesary to here set out the authorities. Appellants insist that the court erred in refusing the charges requested, especially charge “H,” and in support thereof cite Williams v. The State, 129 Ala. '659; Hale v. The State, 122 Ala. 85; Hurd v. The State, '94 Ala. 100.
1Opinion of the CourtMayfield, J.
This case must be reversed for the refusal of the trial court to give charge H as it was requested by the defendant. The charge was: “This court charges the jury that if, upon consideration of all the evidence, they have a reasonable doubt of defendant’s guilt, arising out of any part of the testimony,. they must find the defendant not guilty.” This charge has *69been time and again held proper, and many cases have been reversed by this court because it was refused at the request of the defendant. As has been often decided by this court, it asserts a correct legal proposition, and of necessity…
2Cases cited7 opinions
- Miller v. StateSupreme Court of Alabama · 1894
- Prince v. StateSupreme Court of Alabama · 1893
- Hale v. StateSupreme Court of Alabama · 1898
- Walker v. StateSupreme Court of Alabama · 1897
- Hurd v. StateSupreme Court of Alabama · 1891
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3Cited by7 opinions
- Smith v. StateSupreme Court of Alabama · 1916
- Sanford v. StateAlabama Court of Appeals · 1954
- Veasey v. StateAlabama Court of Appeals · 1925
- Roden v. StateAlabama Court of Appeals · 1915
- Knight v. StateAlabama Court of Appeals · 1930
2 more not listed; retrieve them via the Exa API.