95 Ala. 3 | Ala. | 1891
The only exception reserved on the trial below goes to the refusal of the court to give the following charge requested by defendant:' “A reasonable doubt of defendant’s guilt is not the same as a probability of his innocence. A reasonable doubt of defendant’s guilt may exist when the evidence fails to convince the jury that there is a probability of defendant’s innocence.” There can be no doubt that the abstract proposition involved in this request is a sound one. Under the ruling in the case of Williams v. State, 52 Ala. 411, however, this charge would be condemned as being confusing, in that it fails to enlighten the jury as to the meaning of the expression “probability of innocence.” In that case, the trial court refused to instruct the jury that, “if from all the evidence there is a probability of the innocence of the defendants, the jury must find them not guiltyand this court, holding that the refusal was proper, said: “It [the charge] would have involved the jury in doubt and uncertainty, unless it had been carefully explained to them what was intended by a 'probability of innocence.” But, in the subsequent case of Bain v. State, 74 Ala. 38, Williams’ case was overruled as to the point under consideration, and it was held that a charge requested by the defendant, to the effect that “a probability of defendant’s innocence is a just foundation for a reasonable doubt of his guilt, and therefore for his acquittal,” should have been given, Beaffirming Bain’s case, our conclusion must be that
The judgment is reversed, and the cause remanded.