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20 Ala. App. 197

101 So 287

Bufford v. State

Alabama Court of Appeals

Decided August 19, 1924

Alabama Court of Appeals · decided 1924-08-19

Relies on Griffin v. State · Segars v. State · 18 Ala. App. 606 - Estes v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1924-08-19

How this case has been cited

Cited by 9 later decisions — most recently February 1985

9 state decisions

401924193019401950196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

FOSTER, J.

¶1 The defendant, a white man was convicted of living in adultery or fornication with one Ella Lee Brown, a negro woman. The exceptions reserved to the admission of evidence are without merit.

¶2 The case must be reversed for the refusal of the trial court to give charge O, requested in writing by the defendant, which charge reads as follows:

¶3 “I charge you, gentlemen of the jury, if the evidence of the state consists in statements of witnesses, the truth of which the jury have reasonable doubt, you cannot convict on such evidence, although you may not believe the testimony of the defendant’s witnesses.”

¶4 This charge predicates the finding of the jury upon the entire evidence, and has been approved by this court and by our Supreme Court. Mills v. State, 1 Ala. App. 76, 55 South. 331; Estes v. State, 18 Ala. App. 606, 93 South. 217; Segars v. State, 86 Ala. 59, 5 South. 558; Washington v. State, 58 Ala. 355; Kilgore v. State (Ala. App.) 95 South. 906; 1 Bones v. State, 117 Ala. 138, 23 South. 138; Griffin v. State, 150 Ala. 53, 43 South. 197.

¶5 We do not deem it necessary here to discuss the other errors complained of, as they will probably not arise on another trial. The judgment of the circuit court is revers- • ed, and the cause remanded.

¶6 Reversed and remanded.

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