Beavers v. State
| Decision Date | 11 October 1945 |
| Docket Number | 8 Div. 323. |
| Citation | 247 Ala. 181,23 So.2d 604 |
| Parties | BEAVERS v. STATE. |
| Court | Alabama Supreme Court |
Wm. N. McQueen, Acting Atty. Gen., and John O. Harris, Asst. Atty. Gen., for the petition.
Proctor & Snodgrass, of Scottsboro, opposed.
Defendant's refusal charge 7 is as follows:
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 the case of Ducett v. State, 186 Ala. 34, 65 So. 351, the Court refers to the difficulty of the jury in carefully balancing the various statements of the principle, and that such niceties should be exercised in favor of the ruling of the trial court. Our later cases cited above decline to reverse for the refusal of such charges without drawing close distinctions in the language used, on the theory that they are misleading and tend to confuse the jury. We are not willing to depart from that theory at this time.
The judgment of the Court of Appeals is reversed and the cause remanded to that court.
Reversed and remanded.
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Brown v. State, 6 Div. 238
... ... evidence: A-3, A-4, A-8, A-9, and A-10. Watts v ... State, 8 Ala.App. 264, 63 So. 18; Continental Gin ... Co. v. Milbrat, 10 Ala.App. 351, 65 So. 424 ... The ... propriety of the refusal of Charge 17 is settled in the ... recent case of Beavers v. State, Ala.Sup., 23 So.2d ... The ... cases are legion in which Charge 26 has been considered by ... our appellate courts. To review or cite all of them would add ... little value to this opinion and would unduly extend its ... length. It appears that in some of the early ... ...
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Simpson v. State
...give such a charge was error. The Court of Appeals followed Watts in a line of cases down through 1945 when it decided Beavers v. State, 32 Ala.App. 223, 23 So.2d 602. In that case, reversal resulted in the trial court's refusal to give the following charge: "The court charges the jury that......
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May v. State, 8 Div. 749
...Farley v. State, 34 Ala.App. 54, 37 So.2d 434 for full discussion. The propriety of the refusal of charge 14 is settled in Beavers v. State, 247 Ala. 181, 23 So.2d 604. The courts do not any longer approve charge 15. Brown v. State, 33 Ala.App. 97, 31 So.2d Charges 16 and 21 are duplicates.......
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Toles v. State
... ... "[Requested charge 2:] I charge you that proof of good character may be sufficient to authorize you to find the Defendant not guilty when taken in connection with all of the other testimony. Beavers v. State, 32 Ala.App. 223, 23 So.2d 602 (1945)." ... "[Requested charge 3]: I charge you that proof of good character, when taken in connection with all of the evidence in the case, may be sufficient to create a reasonable doubt of guilt of the Defendant. Taylor v. State, 149 Ala. 32, 42 So. 996 ... ...