Contracts · MBE-tested
Fletcher v. The State
132 Ala. 10·Alabama Supreme Court·1902·AL
Brief incoming
Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.
Opinion
Fletcher v. The State.
Indictment for Bobbery.
(Decided February 13th, 1902.)
1. Reasonable doubt; individual jurqrs; charge. — In a criminal case a charge which instructs the jury that “if any individual juror is not convinced of defendant’s guilt beyond all reasonable doubt, and to a moral certainty, the jury cannot convict,” is proper, and should be given at defendant’s request.
Appeal from Madison Circuit Court.
Tried before Hón. 0. Kyle.'
No counsel for appellant.
Charles G. Brown, Attorney-General, for the State.
[MAJORITY — McCLELLAN, C. J.]
McCLELLAN, C. J.
— Charge 15 refused to the defendant is a copy of charge 7 refused to defendant in Hale v. State, 122 Ala. 85, 89, and there upon full consideration held to have been erroneously refused; and on the authority of that case, the judgment in this must be reversed.
There is no merit in any of the other exceptions reserved on the trial.
Eeversed and remanded.