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Report of Cases Argued and Determined in the Supreme Court of Alabama (Volume 16)

Report of Cases Argued and Determined in the Supreme Court of Alabama (Volume 16)


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1884 edition. Excerpt: ... assailant, as to create in his mind a reasonable a prehension of danger to his life, or else the infliction upon rim of some grievous bodily harm, and that there was no other reasonable mode of effecting his escape from such impending peril.--Iwgmm v. T be State, 67 Ala. 67; Er mrte Brown, 65 Ala.-H6; 1 Bish. Cr. Law, 8-l2 et seq. he charges were erroneous in ignoring these essential elements of this general principle, or doctrine. The vice of the charge numbered four lay in the fact that it mi ht be construed to authorize the jury to acquit bot: of the deeandants on trial, if they entertained a reasonable doubt as to the guilt of eit/ter one of them. This was not only misleading, but clearly erroneous. he judgment of the circuit court must, however, be reversed for the error first considered. and the cause remanded for a new trial. Let the prisoner, in the meanwhile, be retained in custody until discharged by due course of law'. l. Bllrdcn of proof in crimimll cuxcx; 1rhcn not a1llif!cents'(l lo drfrndmll. The State must, in every criminal case, show, in the first instance, beond a reasonable doubt, and to the exclusion of every other reasonable ypothesis, every fact or circumstance necessary to establish the defendant's uilt; and until this proof is made, especiallv in cases depending entirefy upon circumstantial evidence, the burden is not shifted upon the. defendant to establish his'innocencc by introducing exculpatory or ex planatory evidence; and it is error for the primary court to 'refuse a charge, requested by the defendant, embodying these principles. 2. Ilomir-ids; malice; when clmrqc l'('quPxt1'(ffy Jr 'cmlont pro wrly rcfmw(I.--'lierc, on the trial of a defendant indicted or the mun er o


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Product Details
  • ISBN-13: 9781153440622
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 328
  • Spine Width: 18 mm
  • Width: 189 mm
  • ISBN-10: 1153440628
  • Publisher Date: 01 Apr 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 585 gr


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