411 So. 2d 813 | Ala. Crim. App. | 1981
The indictment charged James Biggs with the first degree murder of Earnest Boney, by shooting him with a pistol, contrary to the provisions of §
Because reversible error appears from the exception to the trial court's oral charge and in the refusal of certain requested written charges which are correct statements of law, we pretermit consideration of the evidence in this cause.
We have carefully reviewed the oral charge of the trial court and find that while the trial judge did discuss the matter of the presumption of innocence, and that the state was required to prove the guilt of the appellant beyond a reasonable doubt, no where in the oral charge does such oral charge point out that the legal presumption of innocence is a matter of evidence and should be regarded as such by the jury in the appellant's behalf during their deliberations. By failing to charge the jury on this matter, the trial court committed reversible error. Bryant v. State,
For the error shown, this case is reversed and remanded for new trial.
REVERSED AND REMANDED.
All the Judges concur.