Blackmon v. State

Alabama Court of Appeals

Blackmon v. State

222 So. 2d 374, 45 Ala. App. 44, 1969 Ala. App. LEXIS 313

CourtAlabama Court of Appeals

DecidedApril 1, 1969

Docket8 Div. 224

StatusPublished

This text of 222 So. 2d 374 (Blackmon v. State) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Blackmon v. State, 222 So. 2d 374, 45 Ala. App. 44, 1969 Ala. App. LEXIS 313 (Ala. Ct. App. 1969).

Pincite

Opinion

PRICE, Presiding Judge.

The defendant was convicted of the offense of selling etc., prohibited liquors, in violation of Title 29, Section 98, Code of Alabama 1940.

The appeal is on the record proper without official report of the proceedings and evidence.

Appellant’s sole insistence of error is the refusal of the trial court to give to the jury the following charge:

“I charge you that the burden is upon the State to show the defendant guilty beyond any reasonable doubt and to the exclusion of every reasonable hypothesis.”

In the absence of the evidence, the court’s refusal to give special written charges will not be reviewed. Wilson v. State, 249 Ala. 29, 29 So.2d 294; Cobb v. City of Birmingham, 36 Ala.App. 339, 55 So.2d 752. Moreover, the requested charge is an incomplete statement of a legal principle, without any instruction as to effect upon or application to the issues. It is proper to refuse such charges. Holloway v. State, 37 Ala.App. 96, 64 So.2d 115.

The judgment is affirmed.

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI