Reeder v. State
Supreme Court of Alabama
Appeal from Circuit Court, Morgan County; Osceola Kyle, Judge. Jim Reeder wqs convicted of murder in the first degree, and appeals. Charges 30 and 31, given for defendant, are as follows: “30. If there is a probability of defendant’s innocence, he should not be found guilty. “31. The probability of defendant’s innocence is a just foundation for a reasonable doubt of his guilt, and therefore for his acquittal.”
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Appeal from Circuit Court, Morgan County; Osceola Kyle, Judge. Jim Reeder wqs convicted of murder in the first degree, and appeals. Charges 30 and 31, given for defendant, are as follows: “30. If there is a probability of defendant’s innocence, he should not be found guilty. “31. The probability of defendant’s innocence is a just foundation for a reasonable doubt of his guilt, and therefore for his acquittal.” After reading charge 30 to the jury, the court stated: “Now, I explain that charge to you by saying that the word ‘probability’ means that, if there is more evidence of the defendant’s…
1Opinion of the CourtThomas, J.
The charge was infanticide. The conviction and punishment were for murder in the first degree, by imprisonment for life. ,
[1} The indictment was not subject to demurrer interposed. Reese v. State, 90 Ala. 624, 8 South. 818. The fifth or last count of the indictment charges that Jim Reeder “unlawfully and with malice aforethought killed a female child who had no name, the child of Emma Johnson, by crushing her skull,” etc. This is a sufficient averment of the surname of the child, it being averred that it was the “child of Emma Johnson.” The failure of allegation of the given or Christian name…
2Cases cited17 opinions
- Edwards v. StateSupreme Court of Alabama · 1920
- Gilmore v. StateSupreme Court of Alabama · 1892
- Henderson v. HendersonSupreme Court of Alabama · 1923
- Montgomery v. StateSupreme Court of Alabama · 1920
- Griffin v. StateSupreme Court of Alabama · 1907
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3Cited by17 opinions
- Wilson v. StateSupreme Court of Alabama · 1942
- Garrett v. StateSupreme Court of Alabama · 1958
- Lee v. StateSupreme Court of Alabama · 1957
- Bascom v. StateCourt of Criminal Appeals of Alabama · 1977
- Blount County v. CampbellSupreme Court of Alabama · 1959
12 more not listed; retrieve them via the Exa API.