Opinion
6 Div. 43.
December 7, 1954.
Appeal from the Circuit Court, Walker County, Malcolm E. Nettles, J.
T.K. Selman, Thos. Leon Beaird, Jasper, for appellant.
Refusal of defendant's requested charge was error to reverse. Rakestraw v. State, 211 Ala. 535, 101 So. 181; Russell v. State, 201 Ala. 572, 78 So. 916; Hurd v. State, 94 Ala. 100, 10 So. 528; Forney v. State, 98 Ala. 19, 13 So. 540; Sanford v. State, 37 Ala. App. 603, 75 So.2d 109; Id., 261 Ala. 699, 75 So.2d 85.
Si Garrett, Atty. Gen., for the State.
This is an appeal from a judgment of conviction for the offense of burglary.
The court refused to the defendant the following written charge:
"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."
This instruction was not covered, or substantially so, by the court's oral charge or given written charges.
We reviewed the propriety of the refusal of this identical instruction in the recent case of Sanford v. State, Ala.App., 75 So.2d 109, certiorari denied, Ala., 75 So.2d 85. 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.
261 Ala. 699.
There are several other questions presented by the record, but none of them will likely reappear in the event of another trial.
The judgment of the court below is ordered reversed and the cause is remanded.
Reversed and remanded.