Beavers v. State

Beavers v. State.

Beavers v. State, 23 So. 2d 604 (Ala. 1945)

Court: Supreme Court of Alabama · State Highest Courts
Decided: October 11, 1945
Docket: No. 8 Div. 323.
Judges: Brown, Foster, Gardner, Livingston, Simpson, Stakely
Citations: 23 So. 2d 604247 Ala. 1811945 Ala. LEXIS 393

Cited by 6

Opinion of the Court — Foster

FOSTER, Justice.

Charges similar to refused charge No. 7, for which the Court of Appeals ordered a reversal of the judgment of conviction, have been considered in numerous cases by this Court. It is the same as charge No. 24 in Bowen v. State, 217 Ala. 574, 577 , 117 So. 204 ; and charge No. 14 in Gulledge v. State, 232 Ala. 209 , 167 So. 252 ; and as charge No. 15 in Daniels v. State, 243 Ala. 675 , 11 So.2d 756 . See, also, Taylor v. State, 149 Ala. 32 , 42 So. 996 ; Newsom v. State, 107 Ala. 133 , 18 So. 206 ; Bryant v. State, 116 Ala. 445 , 23 So. 40 ; Watts v. State, 177 Ala. 24 , 59 So. 270 .

But in the case of Ducett v. State, 186 Ala. 34 , 65 So. 351 , the Court refers to the difficulty of the jury in carefully balancing the various statements of the principle, and that such niceties should be exercised in favor of the ruling of the trial court. Our later cases cited above decline to reverse for the refusal of such charges without drawing close distinctions in the language used, on the theory that they are misleading and tend to confuse the jury. We are not willing to depart from that theory at this time.

The judgment of the Court of Appeals, is reversed and the cause remanded to that-court.

Reversed and remanded.

GARDNER, C. J., and BROWN, LIVINGSTON, STAKELY and SIMPSON, JJ., concur.

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No later court has written an explanatory parenthetical about this case yet.

Cited by 6 cases

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State Appellate Courts6

Relies on it most ⓘ

Toles v. State854 So. 2d 1171 (Ala. Crim. App. 2002)
Kilpatrick v. State66 So. 2d 441 (Ala. Ct. App. 1953)
Brown v. State31 So. 2d 670 (Ala. Ct. App. 1946)
Simpson v. State354 So. 2d 317 (Ala. Crim. App. 1978)
May v. State45 So. 2d 695 (Ala. Ct. App. 1950)
Smith v. State203 So. 2d 279 (Ala. Ct. App. 1967)

Most recent

Toles v. State854 So. 2d 1171 (Ala. Crim. App. 2002)
Simpson v. State354 So. 2d 317 (Ala. Crim. App. 1978)
Smith v. State203 So. 2d 279 (Ala. Ct. App. 1967)
Kilpatrick v. State66 So. 2d 441 (Ala. Ct. App. 1953)
May v. State45 So. 2d 695 (Ala. Ct. App. 1950)
Brown v. State31 So. 2d 670 (Ala. Ct. App. 1946)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 8

Depth	Case	Cited by
	Daniels v. State, 11 So. 2d 756 (Ala. 1943)	56
	Watts v. State, 59 So. 270 (Ala. 1912)	46
	Ducett v. State, 65 So. 351 (Ala. 1914)	24
	Taylor v. State, 42 So. 996 (Ala. 1907)	17
	Bowen v. State, 117 So. 204 (Ala. 1928)	15
	Gulledge v. State, 167 So. 252 (Ala. 1936)	5
	Bryant v. State, 116 Ala. 445 (1897)	61
	Newsom v. State, 107 Ala. 133 (1894)	32

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