Gaston v. State

• Decision Date: 11 June 1912
• Citation: 179 Ala. 1,60 So. 805
• Parties: GASTON v. STATE.
• Court: Alabama Supreme Court

60 So. 805

179 Ala. 1

GASTON v. STATE.

Supreme Court of Alabama

June 11, 1912

Rehearing Denied Jan. 23, 1913.

Appeal from Circuit Court, Henry County; M. Sollie, Judge.

Harry Gaston was convicted of murder, and he appeals. Affirmed.

The judgment entry is as follows: "The defendant, being present in open court in his own proper person and attended by his attorneys, and being arraigned, pleads not guilty. It is ordered that this cause be and it is set for trial on Wednesday of the present week, on the 20th day of September 1911. It is ordered that the judge of this court in open court draw from the jury box the names of 25 jurors, who together with the jurors drawn and summoned for the present week of this court, aggregating in all 96 jurors, it is ordered, are and constitute the venire of jurors for the trial of this case. It is ordered that the sheriff summon said venire of jurors as jurors for this cause, to appear in court on the 20th of September, 1911. It is ordered that a list of the names of all the jurors summoned for this week of the court and of the 25 jurors drawn hereunder by the judge of this court, together with a copy of the indictment, be served forthwith on the defendant, by the sheriff."

The following charges were refused to the defendant: (4) "The court charges the jury that, before they can convict the defendant, each and every juror should be convinced beyond all reasonable doubt and to a moral certainty of his guilt from the evidence, and, unless each and every juror is so convinced, you should find the defendant not guilty." (15) "The court charges the jury that, before they can convict the defendant in this case, the law contemplates the concurrence of 12 minds in the conclusion of guilt before a conviction can be had. Each individual juror must be satisfied beyond a reasonable doubt of the defendant's guilt before he can, under his oath consent to a verdict of guilt. Each juror should feel the responsibility resting upon him as a member of the jury, and should realize that his own mind must be convinced beyond a reasonable doubt, before he can consent to a verdict of guilt. Therefore, if any individual member of the jury, after having duly considered all the evidence in the case, and after consultation with his fellow jurors, should entertain such reasonable doubt of the defendant's guilt as is set forth in this or other instructions on this case, it is his duty not to sue under his own convictions simply because the other members of this jury entertain different convictions." (B) "The court charges the jury that unless they are convinced beyond a reasonable doubt from the testimony that the defendant killed the deceased unlawfully maliciously, and with premeditation and deliberation, then the defendant cannot be convicted of murder either in the first or second degree, and the jury could not convict the defendant of any offense higher than manslaughter in the first degree." (C) "The court charges the jury that if the killing was unlawful, but was committed with malice premeditation, and deliberation, then the defendant cannot be convicted of any offense higher than...