From Casetext: Smarter Legal Research

Bufford v. State

Court of Appeals of Alabama
Aug 19, 1924
101 So. 287 (Ala. Crim. App. 1924)

Opinion

5 Div. 502.

August 19, 1924.

Appeal from Circuit Court, Lee County; S.L. Brewer, Judge.

John H. Bufford was convicted of miscegenation, and he appeals. Reversed and remanded.

Barnes Walker, of Opelika, for appellant.

Written charge O, requested by defendant, was correct, and should have been given. Kilgore v. State, 19 Ala. App. 181, 95 So. 906; Estes v. State, 18 Ala. App. 606, 93 So. 217.

Harwell G. Davis, Atty. Gen., for the State.

Brief of counsel did not reach the Reporter.


The defendant, a white man was convicted of living in adultery or fornication with one Ella Lee Brown, a negro woman. The exceptions reserved to the admission of evidence are without merit.

The case must be reversed for the refusal of the trial court to give charge O. requested in writing by the defendant, which charge reads as follows:

"I charge you, gentlemen of the jury, if the evidence of the state consists in statements of witnesses, the truth of which the jury have reasonable doubt, you cannot convict on such evidence, although you may not believe the testimony of the defendant's witnesses."

This charge predicates the finding of the jury upon the entire evidence, and has been approved by this court and by our Supreme Court. Mills v. State, 1 Ala. App. 76, 55 So. 331; Estes v. State, 18 Ala. App. 606, 93 So. 217; Segars v. State, 86 Ala. 59, 5 So. 558; Washington v. State, 58 Ala. 355; Kilgore v. State (Ala.App.) 95 So. 906; Bones v. State, 117 Ala. 138, 23 So. 138; Griffin v. State, 150 Ala. 53, 43 So. 197.

We do not deem it necessary here to discuss the other errors complained of, as they will probably not arise on another trial. The judgment of the circuit court is reversed, and the cause remanded.

Reversed and remanded.


Summaries of

Bufford v. State

Court of Appeals of Alabama
Aug 19, 1924
101 So. 287 (Ala. Crim. App. 1924)
Case details for

Bufford v. State

Case Details

Full title:BUFFORD v. STATE

Court:Court of Appeals of Alabama

Date published: Aug 19, 1924

Citations

101 So. 287 (Ala. Crim. App. 1924)
20 Ala. App. 197

Citing Cases

Love v. State

James J. Ray and J. M. Pennington, both of Jasper, for appellant. Counsel argue for error in the refusal of…

Woodall v. State

Louisville N. R. Co. v. Quinn, 146 Ala. 330, 39 So. 756; Kelly v. Louisville N. R. Co., 148 Ala. 143, 41 So.…