Opinion

Chastain v. State

  • 36 Ala. App. 186
  • 54 So. 2d 623
  • 1951 Ala. App. LEXIS 427
Court
Alabama Court of Appeals
Filed
Aug 2, 1951
Status
Published
Author
Simpson
On the bench
Price
Cited by
9 cases

The opinion

These charges were refused to defendant:

"2. I charge you gentlemen of the jury that if there is one single fact proved to the satisfaction of the jury which is inconsistent with the defendant's guilt, this is sufficient to raise a reasonable doubt and you should acquit the defendant.

"9. The court charges the jury that the only foundation for a verdict of guilty in this case is that the entire jury shall believe from the evidence, beyond a reasonable doubt and to a moral certainty, that the defendant is guilty as charged in the indictment, to the exclusion of every probability of his innocence, and every reasonable doubt of his guilt, and, if the prosecution has failed to furnish such measure of proof, and to so impress the minds of the jury of his guilt, you should find him not guilty.

"11. The court charges the jury that if, upon a consideration of all the evidence, the minds of the jury or any member of the jury is left in a state of reasonable doubt and uncertainty, by the evidence or any part of the evidence, of defendant's guilt, then you cannot convict the defendant.

"14. I charge you gentlemen of the jury that you must find the defendant not guilty, if the conduct of the defendant upon a reasonable hypothesis is consistent with his innocence.

"16. I charge you gentlemen of the jury that if the evidence for the state consists of testimony as to the truth of which the jury has a reasonable doubt, you must not convict the defendant, although you may not believe the testimony of the defendant's witnesses. *Page 189

"18. I charge you gentlemen of the jury that the absence of sufficiently satisfying evidence before the jury may offer grounds for a reasonable doubt of the defendant's guilt, in which event you would acquit the defendant.

"32. I charge you gentlemen of the jury that if the conviction depends upon the testimony of a single witness, the truth of which you have a reasonable doubt, you cannot convict the defendant and your verdict should be one of not guilty."

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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