111 Ala. 80 | Ala. | 1895
The testimony of Walker and Sides as to what was said to and by the defendant while Lank-ford was away from Motley’s store was properly admitted. The defendant’s declarations made at that time and in response to advice by these witnesses that he go home in order to avoid a difficulty, viz. : “I will not run from him,” and “I can’t take everything,” had an obviously pertinent bearing on the inquiry whether the defendant stabbed Lankford in resentment of the latter’s abuse of him or in self-defense.
The opinion expressed by Ben Tidwell in Lankford’s presence at Truett’s store, as the latter started back to Motley’s store, that “hell’s going to be to pay,” was properly excluded. Lankford’s purpose in returning to Motley’s store could not be shown by evidence of Tidwell’s deductions in the premises expressed in this ambiguous manner.
The defendant killed Lankford by cutting the carotid artery with a knife. But one blow was delivered or attempted. Defendant proposed to prove by Dr. Motley, who examined the fatal wound, that “a similar wound or one of the same depth and width anywhere else on the body, particularly immediately in front, or near the wound inflicted, that did not touch the carotid artery,” would not have been mortal. We suppose the purpose of this testimony was to justify or excuse or palliate the act of the defendant by showing that his stroke might well have been less accurate and consequently not fatal. Oil the same principle, if he had shot Lankford through the head, it would be competent to show that he is not responsible for his ensuing death because if his aim had been less deadly he might have pierced his ear, only and death would not have ensued. The idea is so absurd that we will not pursue it further.
The fact that Lankford was the uncle of the “Evans boys,” whose distillery had been destroyed by revenue
SixGy-seven charges were requested by the defendant. Of these thirty-four were given and thirty-three refused. Excepting refused charges numbered 3, 12, 13, 45, 54, 55, 58 and 62, every proposition involved in the charges refused is embodied in substantially the same form in the charges which were given at the request of the defendant. The court was under no duty to repeat these instructions and committed no error in refusing to do so, whether these charges were abstractly sound or not. Smith v. State, 92 Ala. 30; Louisville & Nashville R. R. Co. v. Hurt, 101 Ala. 34; Murphy v. State, 108 Ala. 10.
Charge 12 was properly refused. It gives undue prominence to the evidence of deceased’s bad character for peace and quiet; and literally interpreted means that if the jury are in doubt as to who was the aggressor in the difficulty from all the evidence, including, of course, that as to Lankford’s character, they should then again consider that evidence of character in removing the doubt, and determining that he, and not the defendant, brought on the difficulty.
The opening postulate in charge 13, that if the jury believe from the evidence that the deceased had threatened to do the deceased great bodily harm, &c. &c., is sufficient to condemn it. Of a similar character with like vitiating result is the declaration in charge 58, that the jury might look to the conduct of the deceased, &c., &c.; to determine whether the defendant was a violent and dangerous man.
Charge 45, to the effect that the jury must believe that the defendant cannot be guiltless before they pan find him guilty, is affirmatively bad, as has been expressly held by this court, in that it requires too high a degree of proof.
Charge 54 is abstract. There was ho evidence of an assault by Lankford with a knife upon the defendant.
Charge 55 assumes that it reasonably appeared to defendant that Lankford had a knife open in his hand at the time therein stated. This was a question for the juiy-
We are not to be understood as holding that the charges just above considered had no other infirmities
This leaves for our consideration only charges 3 and 62, which'are, respectively, as follows: 3. “If from the evidence you have a doubt of the defendant’s guilt, and such a doubt as in the graver affairs and transactions of life would cause a reasonable and prudent man to pause and hesitate, then such a doubt arnsing from the evidence is a reasonable doubt, and you should acquit the defendant.” 62. “If on fairly considering the testimony your minds have such a doubt of defendant’s guilt as that in the graver affairs of life would cause a prudent and reasonable man to pause and hesitate, then the defendant is not guilty beyond a reasonable.”
The omission of the word “doubt” after the.last word, “reasonable,” in the charge last quoted, is itself sufficient to justify the court’s refusal to give it. But, in our opinion, both these instructions are faulty definitions of a reasonable doubt, and were properly refused. A doubt which would cause a reasonable rnd prudent man to hesitate before accepting a given proposition as true is not necessarily a reasonable doubt. A man of whatever prudence and reason might pause and hesitate and consider because of a doubt as to the propriety or expediency of proposed conduct, though such doubt would not be one for the existence of which a good reason could be given ; and the hesitation to act might well be only for the purpose of considering whether the doubt was substantial and reasonable or chimerical and shadowy, and, the consideration resulting in a conclusion that the intruding doubt was without foundation,he might then proceed to act without any reasonable doubt of the wisdom of his course. Jurors are assumed to be careful and prudent men. In considering a case submitted to them many doubts of guilt may arise which will cause them to pause and hesitate before reaching a verdict. But, if after stopping and thinking over the matter, they conclude that the doubt is unsubstantial and unsupported by any sufficient reason, they can not be said to have entertained a reasonable doubt of guilt. If this were otherwise, jurors would be required to acquit whenever a doubt of guilt arose which would cause them to pause and hesitate for the purpose of considering whether it were a reasonable' doubt or not, and convictions would
We find no error in the record, and the judgment is affirmed.