Burk v. State
Burk v. State
Opinion of the Court
The only questions presented for review arise from the refusal of certain special charges requested by. the defendant.
The refusal of charges 5 and 7 might well be justified on the ground that they are argumentative; however, the principles of law asserted therein were given to the jury in the oral charge of the court; and also in charges 1, 2, and 6, given at the request of defendant.
“It is the -duty of each juror to decide the issue for himself; and if there is any juror who has a reasonable doubt of the guilt of defendant, it is his duty to stand by his conviction, and he shohld not yield simply because every other juror may disagree with him.” This is not the law. Troup v. State, 160 Ala. 125, 49 South. 332; Diamond v. State, 15 Ala. App. 33, 72 South. 558.
We find no error in the record, and the judgment is affirmed.
Affirmed.
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