Morse v. State

Court of Criminal Appeals of Alabama

Morse v. State

269 So. 2d 916, 49 Ala. App. 203, 1972 Ala. Crim. App. LEXIS 817

CourtCourt of Criminal Appeals of Alabama

DecidedSeptember 12, 1972

Docket3 Div. 95

StatusPublished

Cited by9 cases

This text of 269 So. 2d 916 (Morse v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Morse v. State, 269 So. 2d 916, 49 Ala. App. 203, 1972 Ala. Crim. App. LEXIS 817 (Ala. Ct. App. 1972).

Pincite

Opinion

CATES, Presiding Judge.

Decoying a child: sentence, one year hard labor for the county. Code 1940, T. 14, § s.

At the end of the transcription of the testimony (R. 63) we find:

“(Whereupon, Argument was presented to the Jury by respective Counsel.)"

*204 We quote from Lane v. State, 85 Ala. 11, 4 So. 730:

“The defendant presented the following written charge, and asked that it be given to the jury: ‘The state must prove its charge, and prove it beyond a reasonable doubt, by evidence. The assertions of counsel are not evidence.’ This charge ought to have been given. Coleman v. State, 59 Ala. 52; Tatum v. State, 63 Ala. 147.”

The appellant’s third charge refused reads:

“The State must prove its charge, and prove it beyond a reasonable doubt by the evidence. The assertions of counsel are not evidence.”

It follows that the judgment below is due to be reversed and the cause remanded for new trial.

Reversed and remanded.

All the Judges concur.

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