Public-domain · open source
OpenJurist

81 Ala. 67

Humbree v. State

Supreme Court of Alabama

Decided December 15, 1886

Supreme Court of Alabama · decided 1886-12-15

Tried before the Hon. John B. Tally. The appellant was tried and convicted on a charge of carrying a concealed pistol. The prosecution was commenced July 15, 1885.

Relies on Roberts v. State · McKleroy v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1886-12-15

How this case has been cited

Cited by 6 later decisions — most recently March 1903

6 state decisions

30188618901900decided

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 →

CLOPTON, J.

¶1— The only exception raised by the record is the refusal of the court to instruct the jury, at the instance of defendant, that if there is any doubt whether the offense .was committed within twelve months before the commencement of tlie prosecution, they must acquit. A doubt which demands an acquittal must be a reasonable doubt, actual and substantial, arising from the insufficiency of the evidence to produce an abiding conviction of the truth of the charge. A possible or speculative doubt is not sufficient. The charge is misleading by reason of failing to distinguish the degrees of doubt, and was properly refused. Farrish v. State, 68 Ala. 164; McKleroy v. State, 77 Ala. 95.

¶2Affirmed.

/81/ala/67 · .json · Public domain