Beavers v. State

FOSTER, Justice.

Charges similar to refused charge No. 7, for which the Court of Appeals ordered a reversal of the judgment of conviction, have been considered in numerous cases by this Court. It is the same as charge No. 24 in Bowen v. State, 217 Ala. 574, 577, 117 So. 204; and charge No. 14 in Gulledge v. State, 232 Ala. 209, 167 So. 252; and as charge No. 15 in Daniels v. State, 243 Ala. 675, 11 So.2d 756. See, also, Taylor v. State, 149 Ala. 32, 42 So. 996; Newsom v. State, 107 Ala. 133, 18 So. 206; Bryant v. State, 116 Ala. 445, 23 So. 40; Watts v. State, 177 Ala. 24, 59 So. 270.

But in…