Nail v. State
Alabama Court of Appeals
Murder. Appeal from Jefferson Criminal Court. Heard before Hon. William E. Foet. Jesse Nail was convicted of murder in the second degree, and be appeals. The facts sufficiently appear in the opinion. The following charges were refused defendant: (2) If there is one single fact proven to the satisfaction of the jury which is inconsistent with defendant’s guilt, this is sufficient to raise a reasonable doubt, and the jury should acquit.
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Murder. Appeal from Jefferson Criminal Court. Heard before Hon. William E. Foet. Jesse Nail was convicted of murder in the second degree, and be appeals. The facts sufficiently appear in the opinion. The following charges were refused defendant: (2) If there is one single fact proven to the satisfaction of the jury which is inconsistent with defendant’s guilt, this is sufficient to raise a reasonable doubt, and the jury should acquit. (32) If you believe from the evidence that defendant was free from fault in bringing on the difficulty, and there was no reasonable mode of escape without…
1Opinion of the Court
THOMAS, J
Section 7278 of the Code of 1907 provides that: “On the trial for any offense which may be punished capitally, or by imprisonment in the penitentiary, it is a good cause of challenge by the state that the person * * * thinks that a conviction should not be had on circumstantial evidence/’ etc.
The policy of the law, as thus declared, is to place positive and circumstantial evidence on the same basis of equality, so as to abolish all prejudice or discrimination against the latter, as a means or instrumentality for arriving at truth, in the process of judicial investigation of felonies…
2Cases cited8 opinions
- Gassenheimer v. StateSupreme Court of Alabama · 1875
- McClain v. StateSupreme Court of Alabama · 1913
- Nordan v. StateSupreme Court of Alabama · 1904
- O'Rear v. StateSupreme Court of Alabama · 1914
- Jackson v. StateSupreme Court of Alabama · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Fuller v. StateSupreme Court of Alabama · 1959
- Leith v. StateSupreme Court of Alabama · 1921
- Harden v. StateSupreme Court of Alabama · 1924
- Cain v. StateAlabama Court of Appeals · 1917
- Adkison v. StateCourt of Criminal Appeals of Alabama · 1988