Mathews v. State

Decided November 15, 1893

Supreme Court of Alabama · decided 1893-11-15

Tried before the Hon. N. D. Denson. The defendants were jointly indicted for arson and on the trial a witness was examined who was, also, under indictment for the same offense with which defendants were charged, and who testified that he saw the defendants set fire to the building they were charged with burning. On the trial the defendants requested the court in writing to give the jury the charge set forth in the opinion of the court.

Cited by 2 later decisions — most recently February 1910

2 state decisions

Relies on Bancroft v. Otis · Ala. Great Southern Railroad v. Sellers · Smith v. State

Good law ✅— No negative treatment on recordhow we know

No other question is raised by the record · Decided 1893-11-15

View the full empirical analysis of this case →

McCLELLAN, J.

¶1The only exception reserved on the trial of this case challenges tlie Circuit Court’s action in refusing to give tbe following instruction requested by tbe defendants : “Tbe jury may look to the fact, if it be a fact, that any of tbe witnesses for tbe State are under indictment for tbe same offense with which the defendants are charged in deciding what weight they will give to bis evidence.” The exception is without merit. The charge is a mere argument which trial courts are under no duty to present to the jury, and which may be given or refused without error. Bancroft v. Otis, 91 Ala. 279, and authorities there cited; Brassell v. State, 91 Ala, 45; Brantley v. State, 91 Ala. 47; Potter v. State, 92 Ala. 31; Ala. Gt. So. R. R. Co. v. Sellers, 93 Ala. 9; Jackson v. Robinson, 93 Ala. 157.

¶2Affirmed.