Wise v. State

Alabama Court of Appeals

Wise v. State

137 So. 679, 24 Ala. App. 538, 1931 Ala. App. LEXIS 146

CourtAlabama Court of Appeals

DecidedNovember 17, 1931

Docket4 Div. 840.

StatusPublished

This text of 137 So. 679 (Wise 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.

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Wise v. State, 137 So. 679, 24 Ala. App. 538, 1931 Ala. App. LEXIS 146 (Ala. Ct. App. 1931).

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Opinion

SAMPORD, J.

At the close of the evidence the court at the request of the state gave this charge: “I charge you that if you believe the evidence in this case you must find the defendant guilty as charged in count two of the indictment.” The giving of this charge was error. Before a jury is authorized to convict a defendant in *539 a criminal case, they must not only believe tbe evidence,- but tbe evidence must convince tbe jury of the defendant’s guilt, beyond a reasonable doubt.

The judgment is reversed, and the cause is remanded.

Reversed and remanded.

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SAMPORD, J.

At the close of the evidence the court at the request of the state gave this charge: “I charge you that if you believe the evidence in this case you must find the defendant guilty as charged in count two of the indictment.” The giving of this charge was error. Before a jury is authorized to convict a defendant in *539 a criminal case, they must not only believe tbe evidence,- but tbe evidence must convince tbe jury of the defendant’s guilt, beyond a reasonable doubt.

The judgment is reversed, and the cause is remanded.

Reversed and remanded.

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137 So. 679, 24 Ala. App. 538, 1931 Ala. App. LEXIS 146, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wise-v-state-alactapp-1931.