Summary
In Thomas v. State, 207 Ala. 244, 92 So. 244, of "satisfaction by the preponderance of the testimony," the court said: "To require `satisfaction,' this court has frequently held, is to require something more than `reasonable satisfaction' as the statute prescribes.
Summary of this case from State v. BartonOpinion
6 Div. 595.
February 9, 1922. Rehearing Denied February 25, 1922.
Jesse F. Stallings and B. M. Allen, both of Birmingham, for appellant.
The question of insanity was at issue and the Court of Appeals was in error in holding it not at issue. 104 Ala. 198, 15 So. 935. This being true, the court was in error in its oral charge to the jury. Sections 55, 71, Code 1907; 146 La. 1010, 84 So. 350; 81 Ala. 577, 2 So. 854, 60 Am. Rep. 193.
Harwell G. Davis, Atty. Gen., and Lamar Field, Asst. Atty. Gen., for the State.
The court properly held that the question of insanity was not at issue, and therefore any error in the oral charge relative thereto was without injury.
Petitioner was convicted of murder in the second degree. He pleaded not guilty, and under that plea introduced evidence tending to show that, in taking the life of deceased, he acted in self-defense. He also pleaded not guilty by reason of insanity. Many exceptions were reserved, three of them to the court's oral charge. The exceptions here referred to were disposed of by the Court of Appeals in the following language:
"We are of the opinion that the oral charge of the court was a full and fair statement of the law of the case and free from error."
This court is of opinion that the trial court was in error in that statement of the law shown by the excerpt from the oral charge numbered 6 in the petition for certiorari. It cannot be said as matter of law, on the facts hypothesized in this part of the charge, that defendant was not free from fault in bringing on the difficulty. On the facts hypothesized, the question whether defendant was at fault was one for decision by the jury.
The excerpt from the oral charge numbered in the petition 7 shows error. It puts too great a burden of proof on the defendant in respect of his plea of insanity. Code 1907, § 7175; James v. State, 167 Ala. 14, 52 So. 840; Prince v. State, 100 Ala. 144, 14 So. 409, 46 Am. St. Rep. 28. To require "satisfaction," this court has frequently held, is to require something more than "reasonable satisfaction," as the statute prescribes.
The same error was repeated in the forepart of the excerpt marked 8 in the petition. In the latter part of that excerpt, the court correctly stated the burden of proof. No doubt this state of the court's oral instruction was the result of mere inadvertence; but we cannot say how the jury were affected, and reversible error must be held to have resulted.
Writ of certiorari granted.
Reversed and remanded.
All the Justices concur.