Opinion

Pugh v. State

  • 243 Ala. 507
  • 10 So. 2d 836
  • 1942 Ala. LEXIS 310
Court
Supreme Court of Alabama
Filed
Nov 5, 1942
Status
Published
Author
Thomas
On the bench
Thomas, Gardner, Brown, Livingston
Cited by
3 cases
Authority
More cited than 43.8%

The opinion

On Rehearing.

THOMAS, Justice.

This court has frequently discussed requested charges as to proof of good character of a defendant. One of the latest cases in which the authorities are collected is Wilson v. State, ante, p. 1, 8 So.2d 422 . 439. See also Taylor v. State, 149 Ala. 32 , 42 So. 996 .

We have again examined the oral charge of the court and are of the opinion that the jury were fully and fairly instructed as to the effect of evidence as to the good character of defendant,- that when this evidence is taken and considered with all the other evidence in the case, it is sufficient to generate a reasonable doubt in the minds of the jury of defendant’s guilt, and entitled him to a verdict of “not guilty” when but

*508

for this evidence of good character the jury would not have entertained such reasonable doubt of guilt.

It is unnecessary to discuss the many authorities cited by appellant’s counsel in support of the application for rehearing. Suffice it to say, we have again carefully considered the case, and no other question is presented for decision in the application for rehearing.

Application for rehearing is, therefore, overruled.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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