Holtbrook. v. State

¶1This is an appeal from a judgment of conviction for the offense of burglary.

¶2The court refused to the defendant the-following written charge:

¶3*78“The Court charges the jury that, if the jury, upon considering all the evidence, have a reasonable doubt about the defendant’s guilt, arising out of any part of the evidence, they should find him not guilty.”

¶4This instruction was not covered, or substantially so, by the court’s oral charge or given written charges.

¶5We reviewed the propriety of the refusal of this identical instruction in the recent case of Sanford v. State, Ala.App., 75 So. 2d 109,1 certiorari denied, Ala., 75 So.2d 85.2 We went into the question with considerable care and concluded that it was reversible error to refuse the charge. We must adhere to this authority in the instant case.

¶6There are several other questions presented by the record, but none of them will likely reappear in the event of another trial.

¶7The judgment of the court below is ordered reversed and the cause is remanded.

¶8Reversed and remanded.