Harrison v. State
Decision Date | 05 April 1906 |
Citation | 144 Ala. 20,40 So. 568 |
Parties | HARRISON v. STATE. |
Court | Alabama Supreme Court |
Appeal from Circuit Court, Jackson County; W. W. Haralson, Judge.
"To be officially reported."
T. J Harrison was convicted of murder, and appeals. Affirmed.
The defendant was indicted as follows: etc. In this second count, the "i" is not dotted in the name "Linnville." The defendant moved to quash the indictment because of the difference, in the names of the party alleged to have been killed, in the two counts. This motion was overruled. The defendant then interposed demurrers to the indictment as follows:
The court, at the request of the state, gave the following written charges: Charge 1: Charge 2: "A doubt which justifies an acquittal must be a reasonable one growing out of a failure of the evidence to produce an abiding conviction in the minds of the jurors of the facts necessary to make out the case." Charge 3: Charge 4: "The presumption of defendant's innocence has the effect to cast upon the state the burden of proving the defendant's guilt beyond a reasonable doubt, and, if his guilt is so proven, the presumption of innocence can have no effect." Charge 5 Charge 6:
The defendant requested the court to give the following written charges separately, each of which were refused: ...
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Kyser v. State
...did not provoke the use of unlawful physical force by the victim and was not the initial aggressor. See § 13A-3-23(c). Harrison v. State, 144 Ala. 20, 40 So. 568 (1906); Oldacre v. State, 196 Ala. 690, 72 So. 303 (1916). "Statements of law in judicial opinions are not always proper for jury......
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Montgomery v. State
... ... out and base an acquittal upon belief of the defendant's ... testimony alone. That such charges are properly refused has ... been often decided by the Supreme Court. Parker v ... State, 150 Ala. 673, 42 So. 1045; Kirby v ... State, 151 Ala. 66, 44 So. 38; Harrison v ... State, 144 Ala. 20, 49 So. 568; Goldsmith v ... State, 105 Ala. 8, 16 So. 933; Fleming v ... State, 150 Ala. 19, 43 So. 219; Gregory v ... State, 148 Ala. 566, 42 So. 829, and the authorities ... cited in these cases ... Those ... charges framed under the proposition that ... ...
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Haithcock v. State
...that each count should so end. The demurrer to the indictment was properly overruled. McGuire v. State, 37 Ala. 161; Harrison v. State, 144 Ala. 20, 40 So. 568. On particular point the opinion in Hill v. State, 22 Ala. App. 422, 116 So. 411, is misleading and should not be followed. In the ......
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McGhee v. State
... ... pretermits an honest belief on the part of the defendant of ... his peril. The circumstances may have been such as to impress ... the defendant with a reasonable ... [59 So. 577.] ... belief, yet he must have entertained an honest belief that he ... was in danger. Harrison v. State, 144 Ala. 20, 40 ... So. 568. See charges B and C, in said case. This charge 19 is ... unlike the charge held good in Kennedy's Case, 140 Ala ... 1, 37 So. 90, as it predicates an acquittal upon the facts ... therein hypothesized, whereas the charge in the Kennedy Case ... merely ... ...