116 So. 705 | Ala. | 1928
Lawrence Garrison was convicted of an offense and appealed to the Court of Appeals. Under section 7311, of the Code of 1923, the following certification is made by the Court of Appeals to the Supreme Court:
Therefore I, Charles R. Bricken, one of the judges of the Court of Appeals, do hereby certify to the Supreme Court the question as to whether the charge below, stated in full, is a good or bad charge, in a criminal case:
"I charge you that the defendant has offered you evidence of his previous good character. This you should take into consideration along with all the other evidence in the case. A man whose previous character is shown by the evidence to have been good is presumed by law less likely to have violated the law than one whose character is not so shown," with this indorsement on the back, "D. Refused, Kyle, Judge."
The certification of this question is made under the provisions of section 7311, of the Code 1923.
Charles R. Bricken, Presiding Judge, Court of Appeals.
For opinion of Court of Appeals, conforming to answer to certified question, see
Character means reputation, or the general *323
credit which a man has obtained in public opinion. Hussey v. State,
Let this be certified to the Court of Appeals.
ANDERSON, C. J., and GARDNER and BOULDIN, JJ., concur.