53 So. 284 | Ala. | 1910
This case originated in the circuit court at Andalusia, Covington county. The indictment was found by the grand jury of said court at the fall term, 1907. The presiding judge on the first day of said term of court made and entered upon the minutes of said court an order in words as follows: “It is ordered that all cases now on the criminal docket of the circuit court in which party defendants are charged with a misdemeanor, except that one against Andy Gomillion, charged with carrying concealed weapons, be transferred to the city court of Andalusia, and that all papers in said cases be delivered to the proper custodian of said city court, and that all indictments hereafter returned into this court by any grand jury against any person charging a misdemeanor be delivered to the proper custodian of same in said city court.” This order was made by virtue of an act of the Legislature (see Loc. Acts 1907, § 3, pp. 331, 332), which provides, among other things: “'And provided further that at the next regular term of the circuit court for said county, and on the first day thereof, it .shall be the duty of the presiding judge thereof to make and enter upon the minutes of said court an
Written charge “A,” refused to defendant, was properly refused because it required the jury to discharge the defendant if they had a doubt of his guilt. The
Written charge “D,” refused to defendant, should have been given. The charge has been several times approved, in its legal effect, by this court. The objection urged against this charge is that it tends to direct the minds of the jury to that part of the evidence most favorable to defendant rather than to the whole evidence; but this court has held to the contrary so often that the matter should be regarded as settled.
For the error pointed out, the case is reversed and remanded.
Reversed and remanded.