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88 Ala. 111

Barnard v. State

Supreme Court of Alabama

Decided November 15, 1889

Supreme Court of Alabama · decided 1889-11-15

From the City Court of Mobile. Tried before the Hon. O. J. Semmes. The defendant in this case, Charles Barnard, was indicted jointly with Balligan J ones and Tobe Chrystol, for an assault on Alex. Stein, with intent to rob; was tried separately, issue being joined on the plea of not guilty, was convicted, and sentenced to the penitentiary for the term of seven years.

Cited by 3 later decisions — most recently November 1904

3 state decisions

Relies on Eiland v. State · Ward v. State · Miller v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1889-11-15

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STONE, C. J.

¶1The accused requested a charge, which the court gave. Immediately afterwards, the court, of .its own motion, gave an additional charge. This was excepted to; and it is contended before us that the charge thus given was a qualification of the charge previously requested and given. Sess. Acts 1888-89, p. 90. We can not-assent to this. It neither qualifies nor limits any principle or expression found in the former charge. On the contrary, it simply explains *113that charge; and the explanation was proper, if not necessary, to prevent the jury from being misled, by the generality of the terms employed. Charges entirely correct in principle may have the effect of giving undue prominence to some controverted question raised during the trial, or may be otherwise calculated to confuse or mislead the average jui’or. It is the duty of the trial judge to lay the pertinent principles of law before the jury so plainly, as that, when facts are ascertained, there can or should be no difficulty in arriving at a proper verdict. — Bell v. Troy, 46 Ala. 184, 208-9; Eiland v. State, 52 Ala. 322; Miller v. State, 54 Ala. 155; Durrett v. State, 62 Ala. 434, Ward v. State, 78 Ala. 441.

¶2There is nothing in the other exceptions reserved.

¶3Affirmed.

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