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92 Ala. 28

Ross v. State

Supreme Court of Alabama

Decided November 15, 1890

Supreme Court of Alabama · decided 1890-11-15

From the City Court of Mobile. Tried before the Hon. O. J. Semmes. The appellant was-indie ted, tried and convicted for the murder of Lewis Lawson, by shooting him with a gun ; and was sentenced to the penitentiary for life. On the trial of the cause, as is shown by the bill of exceptions, the testimony introduced for the State showed that, on the 9th oí November, 1890, the deceased, one Lawson, a negro, was shot and killed by the defendant, another negro.

Cited by 1 later decisions — most recently November 1892

1 state decisions

Relies on Perry v. State · Linton v. State · Humbree v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1890-11-15

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WALKER, J.

¶1The jury are not required to acquit, in a criminal case, because they are not “indubitably certain” that the defendant is. guilty, or because, on the whole evidence, they may be unable to say “where the truth indubitably lies.” Obedience to the two charges requested by the defendant, would have required an acquittal, unless the evidence of guilt had been such as to remove all doubt from the minds of the jury. — Webster’s International Dictionary. Under these instructions, any possible, speculative or imaginary doubt would have been sufficient to prevent a conviction. That the doubt which the jury are authorized to regard as an obstacle in the-*30way of a conviction must be a reasonable doubt, and- that, the statement of the requisite of reasonableness is essential to the correctness of a charge on the subject, are familiar and well settled propositions. Perry v. State, 87 Ala. 30; Humbree v. The State, 81 Ala. 67 ; Linton v. The State, 88 Ala. 216.

¶2The refusal to give the two charges requested by the defendant was manifestly proper.

¶3Affirmed.

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