Davis v. State

Decided June 14, 1921

Alabama Court of Appeals · decided 1921-06-14

<p>Criminal law &wkey;>561 (2) — Instruction not requiring belief beyond a reasonable doubt held erroneous.</p> <p>In a prosecution for distilling prohibited liquors, a charge to convict if the jury believe the evidence requires reversal, since to authorize conviction the jury must be convinced from the evidence of the defendant’s guilt beyond a reasonable doubt.</p>

Reversed and remanded · Decided 1921-06-14

SAMFORD, J.

¶1 The trial judge at the request of the state gave this charge in writing: “I charge you gentlemen of the jury that if you believe the evidence in this case you must find the defendant guilty.” Before the jury is authorized to convict a defendant charged with crime, they must be convinced from the evidence of the defendant’s guilt beyond a reasonable doubt. A charge requiring less than this is error.

¶2 For the error pointed out, the judgment is reversed, and the cause is remanded. -

¶3 Reversed and remanded.

¶4 other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes