Bones v. State
| Decision Date | 11 February 1898 |
| Citation | 117 Ala. 138,23 So. 138 |
| Parties | BONES v. STATE. |
| Court | Alabama Supreme Court |
Appeal from Bibb county court; H. Thompson, Judge.
Lou Bones was convicted of an assault with a weapon, and appeals. Reversed.
The appellant was tried and convicted for an assault with a weapon. The evidence for the state tended to show that the defendant assaulted one West Morris with a knife. The evidence for the defendant tended to show that it was some other person than the defendant who had the knife, and that the defendant did not strike at West Morris with a knife or otherwise.
Upon the introduction of all the evidence the defendant requested the court, among other charges, to give the following written charges, and separately excepted to the court's refusal to give each of them as asked: (6) "If there is a probability of the defendant's innocence the jury must acquit." (9) "In civil cases, if there be conflicting evidence the duty of the jury is to weigh it, and render a verdict according to its preponderance; but in criminal cases, the guilt of the accused must be fully proven, and it is not sufficient that the weight of the evidence points to his guilt." (10) "I charge you to acquit unless the evidence excludes every reasonable supposition but that of defendant's guilt." (11) "If the evidence in the case convinces the jury that there is a probability of the innocence of the defendant then your verdict should be 'Not guilty."' (13) "Unless the evidence against the prisoner should be such as to exclude to a moral certainty every hypothesis but that of the guilt of the offense imputed to him, they must find the defendant not guilty."
W. S Cary, for appellant.
Wm. C Fitts, Atty. Gen., for the State.
1. Charges 6 and 11, which were refused, each assert the same correct principle, that if there was a probability of defendant's innocence, the defendant should be found not guilty. A probability of defendant's innocence is the equivalent of a reasonable doubt of guilt, which requires his acquittal. Bain v. State, 74 Ala. 38; Croft v. State, 95 Ala. 3, 10 So. 517; Whitaker v. State, 106 Ala. 30, 17 So. 456.
2. The ninth charge was properly refused. The law does not require full proof of guilt,-another expression for clear or positive proof, beyond any doubt,-but only such proof as produces satisfaction beyond reasonable doubt. Griffith v State, 90 Ala. 583, 8 So. 812; Lowe v. State, 88 Ala....
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Davis v. State
... ... to "the satisfaction of the mind" is proof that ... relieves [8 Ala.App. 166] it not only of a reasonable doubt ... but of all doubt and uncertainty; hence, as said, the given ... charge was more favorable to defendant. See Torrey v ... Burney, 113 Ala. 504, 21 So. 348; Bones v ... State, 117 Ala. 138, 23 So. 138; Prince v ... State, 100 Ala. 146, 14 So. 409, 46 Am.St.Rep. 28 ... Refused ... charge 76 was the affirmative charge, which the lower court ... was so clearly justified in refusing, under the facts of this ... case, that counsel for ... ...
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White v. State
...for clear or positive proof, beyond any doubt,--but only such proof as produces satisfaction beyond reasonable doubt." Bones v. State, 117 Ala. 138, 23 So. 138, 139 (1898). "A defendant's guilt need not be proved 'clearly, fully, and conclusively,' and, [instructions] thus framed, ... exact......
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Sharifi v. State
...for clear or positive proof, beyond any doubt,— but only such proof as produces satisfaction beyond reasonable doubt." Bones v. State, 117 Ala. 138, 23 So. 138, 139 (1898). "A defendant's guilt need not be proved `clearly, fully, and conclusively,' and, [instructions] thus framed, ... exact......
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Lewis v. State, No. CR-03-0480 (Ala. Crim. App. 11/2/2007)
...for clear or positive proof, beyond any doubt,-but only such proof as produces satisfaction beyond reasonable doubt.' Bones v. State, 117 Ala. 138, 23 So. 138, 139 (1898). `A defendant's guilt need not be proved "clearly, fully, and conclusively," and, [instructions] thus framed, ... exact ......