14 Ala. App. 23
Decided February 1, 1916
Alabama Court of Appeals · decided 1916-02-01
<p>Crime.</p> <p>Charge of Court; Instructions; Reasonable Doubt.. — Charges directing the conviction of a defendant in a criminal case which omit the hypothesis of a belief of guilt beyond a reasonable doubt, should be refused, and it is error to give such a charge.</p>
Relies on Tutwiler v. Kendall
Reversed and remanded · Decided 1916-02-01
¶1The court erred in giving at the request of the solicitor the following charge: “If the jury believe the evidence in this case they must find defendant guilty.” It is faulty, in that it omits the words “beyond a reasonable doubt.”— Coe v. State, 113 Ala. 664, 21 South. 1025, and cases there cited.
¶2Reversed and remanded.