118 Ala. 68 | Ala. | 1897
The trial court. refused to give the following charge requested by the defendant: “If the jury have a reasonable doubt as to whether the killing was done deliberately or as to whether it was done premeditativelv then they can not find the defendant guilty of murder in the first degree, and if they have a reasonable doubt as to whether the killing was done in malice then they cannot find the defendant guilty of murder in either degree, but only of manslaughter at t'he most; and if after considering all the evidence the jury have a reasonable doubt as to the defendant’s guilt of manslaughter, arising out of any part of the evidence, then they should find the defendant not guilty of any offense.” This charge is.a copy from .a charge refused to the defendant in the case of State v. Gompton; and on appeal in that case this court held the, charge to be a sound exposition of the law, and that its refusal was error. — Compton v. State, 110 Ala. 24, 37, (10th charge).. It is now insisted that the ruling in Gompton’s Case was itself. erroneous, and that we should now overrule that case on this point, and hold the instruction to be bad. The argument is that the
The questions sought to be raised by this record as to the legality of the grand jury which returned the indictment are not such as can be urged against an indictment under the statute. The objections taken do not go to the inquiry whether the grand jurors were draAvn in the presence of the officers designated by law. Code of 1886, §4445; Code of 1896, §5269.
The questions presented by the motions to quash the venire of petit jurors for the trial of the case will not arise on another trial, and will not, therefore, be considered.
The numerous other exceptions reserved have been examined and found to be without merit.
Beversed and remanded.