Goldsmith v. State
| Decision Date | 17 January 1895 |
| Citation | 16 So. 933,105 Ala. 8 |
| Parties | GOLDSMITH v. STATE. |
| Court | Alabama Supreme Court |
Appeal from circuit court, Conecuh county; John R. Tyson, Judge.
Jake Goldsmith was convicted of manslaughter, and appeals. Affirmed.
The appellant was indicted and tried for the murder of General Evans, and was convicted of murder in the second degree, and sentenced to the penitentiary for 10 years. The tendency of the evidence is sufficiently stated in the opinion. The defendant introduced several witnesses, who testified that they knew the general character of the defendant in the community in which he lived, and "that it was good, and good for peace and quiet." Upon the introduction of all the evidence, the defendant requested the court to give the following written charges, and separately excepted to the court's refusal to give each of them as asked: (1) "The court charges the jury that good character, if proved, may sometimes have the effect to generate such a doubt as would authorize an acquittal, even when the jury would otherwise have entertained no doubt; and whether such proof is to have such effect in any case is a matter entirely for the jury." (2) "The court charges the jury that good character, when proved, is a good thing, and that you may look to the good character of the defendant in this case as proved, as independent testimony to generate such a doubt as would authorize an acquittal, when, without it, they would be compelled to convict." (3) "The court charges the jury that it is the settled law of this state that in all criminal prosecutions, whether for felony or misdemeanor, the accused may offer evidence of his previous good character not only where a doubt exists on the other proof, but even to generate a doubt of his guilt." (4) "The court charges the jury that it is not necessary that there should be actual danger of death or great bodily harm in order to justify the taking of human life, but, if the jury are satisfied from all the evidence in the case, that the circumstances attending the firing of the fatal shot were such as to impress the defendant with a reasonable belief that at the time of firing the shot it was necessary, in order to prevent death, or great bodily harm to his person then the jury must acquit the defendant, unless they further believe that the defendant was not free from fault in bringing on the difficulty." (5) "The court charges the jury that if they find that the deceased made an attack on the defendant with murderous intent, the defendant was under no obligation to flee." (6) "The court charges the jury that the law does not impose on a person attacked with murderous intent the duty to retreat." (7) "The court charges the jury that, if any one of the jurors has a reasonable doubt of the guilt of the accused then they must acquit him."
Farnham, Crum & Newton, for appellant.
Wm. C. Fitts, Atty. Gen., for appellee.
The defendant was convicted of murder in the second degree, and sentenced to suffer imprisonment in the penitentiary. There was evidence tending to show that there was a quarrel between Emma Aarons and her son-in-law, Ed Knight, in which the defendant interfered, as claimed by him and some of the witnesses, for the purpose of preventing a difficulty. There was evidence, not uncontroverted, that Emma Aarons then seized hold of him with one hand, and attempted to strike him with a stick, and at this time the deceased, General Evans, a son of Emma Aarons, approached the defendant with a stick and club in a threatening attitude, when he fired, and killed deceased. The defendant offered to prove that the general reputation of Emma Aarons for peace and quiet was bad. The court sustained an objection to the introduction of this testimony, and this is assigned as error. The purpose of this evidence, as stated at the time by counsel for defendant, was to show that she was a woman "of turbulent and dangerous character, and that the defendant had greater reason to apprehend danger from her, and would be...
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Brown v. State, 6 Div. 238
... ... in King v. State, 233 Ala. 198, 171 So. 254 ... Our ... search discloses that in Keith v. State, 97 Ala. 32, ... 11 So. 914, Charge A-15 was held to correctly state the law ... This view was explained in Goldsmith v. State, 105 ... Ala. 8, 16 So. 933, in which the court observed that the ... charge 'should not be given except in cases where the ... evidence affirmatively shows that there was no duty upon the ... defendant to retreat, or when there was no reasonable made of ... This ... same ... ...
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State v. Dowell
... ... of defendant's guilt." ... While ... the question was not discussed, an instruction embodying ... these features was approved in State v. McGreevey, ... 17 Idaho 453, 105 P. 1047. See Sunderland v. United ... States, 19 F.2d 202; State v. Goldsmith, 105 ... Ala. 8, 16 So. 933; Nelms v. State, 123 Ga. 575, 51 ... S.E. 588; State v. [47 Idaho 466] Nicholls, ... 50 La. Ann. 699, 23 So. 980; State v. Ames, 90 Minn ... 183, 96 N.W. 330 ... In ... several jurisdictions it has been held that where an ... instruction has been ... ...
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Warren v. State
... ... evidence in the cause, which may be so clear and convincing ... of guilt as to render of little or no avail the previous good ... character of the accused; the jury should be left free to ... form their conclusions upon the whole evidence. Goldsmith ... v. State, 105 Ala. 8, 16 So. 933, and authorities cited ... The fourth charge requested by the defendant was free from ... the infirmities which vitiated instructions in reference to ... good character in numerous cases referred to in ... Goldsmith's Case, and ought to have been given ... ...
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Clayton v. State
... ... competent as original testimony, as a circumstance to be ... considered in determining whether he is guilty of the crime ... charged, and may be considered, in connection with the other ... facts and circumstances, to generate a doubt in the minds of ... the jury. Goldsmith v. State, 105 Ala. 8, 16 So ... 933; Felix v. State, 18 Ala. 725; Newsome v ... State, 107 Ala. 133, 18 So. 206. The whole question was ... for the jury, and the state was not entitled to the ... affirmative charge ... Charge ... 50 given at the request of the state was also ... ...