Andrews v. State
Andrews v. State
Opinion of the Court
Charges 1, 2, 16, 21, 29, 34, 36, Q, and R, are all charges attempting to define “reasonable doubt” and “burden of proof.” The court had already, in its oral charge, clearly defined the law of “reasonable doubt” and “burden of proof,” and at the request of the defendant gave in writing 30 charges on this same subject, many of which might have been well refused; but, in any event, the propositions of law embraced in the above charges were fully covered in the written charges given at the request of the defendant and the general charge of the court. The multiplication of charges defining a reasonable doubt would tend rather to co'nfuse than to elucidate.
“Would you hang in a case where the evidence satisfied you beyond a reasonable doubt that the defendant was a member of a mob that went into the county jail and killed a prisoner lawfully confined therein, if the evidence further satisfied you, beyond a reasonable doubt, that the defendant in so doing was guilty of murder in the first degree?”
The defendant was convicted of manslaughter, and therefore it affirmatively appears he was not injured by the question, even if it was error, which we do not hold. On the contrary, we think it was discretionary with the court. Walker v. State, 153 Ala. 31, 45 South. 640.
It seems from the evidence that after the defendant had been arrested on a charge of murder, and while he was still in custody, those in authority endeavored by inducement and promises of immunity to get him to confess his guilt and to tell the whole truth as to the crime and who participated in it. This was at Bay Minette, the place where the crime was committed. The defendant made no statement at that time, but after being taken to Birmingham, and after the Assistant Attorney General having charge of the prosecution had said to defendant:
“I made you a. proposition to the effect that if you would tell about this thing before we left Bay Minette, that I would stand between you and trouble. Well, now, I don’t want to take any unfair advantage of you. That proposition is off. I had a reason then, but it is withdrawn. Everything you say, this gentleman is taking down, word for word. These other fellows have told the whole story. He is going to write it up, and they are going to sign it, and it will be used against you in court, both before the grand jury and petit jury. I don’t offer you any inducement whatever to make any statement. * * * Now, you can make a statement if you want to and trust to your own luck as to what good it will do you. i am not going to threaten you; I am not going to offer you any inducement at all. If you want to make a statement, you can do it; or you can keep your mouth shut”
—the defendant proceeded to make a statement regarding the crime with which he was charged, and his statement was taken down in writing and signed by him in the presence of an officer, who certified that the defendant swore to the contents of the statement. The defendant objected to this statement being read in evidence, and moved to exclude the same, insisting that a proper predicate had not been laid to show that the statement was voluntary.
“These are instructions given you by the court at the request of the defendant and are correct statements of the law to be taken by you in connection with what has already been said to you.”
No exception was reserved by the defendant to this omission on the part of the court, and therefore it is not grounds for reversal. However, the omission was cured by written charge A, given at the request of defendant, covering the matter now conrplained of.
There is no reversible error in the record, and the judgment is affirmed.
Affirmed.
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- Andrews v. State.
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