4 Div. 517.
May 20, 1930.
Appeal from Circuit Court, Coffee County; W. L. Parks, Judge.
Cap Brooks was convicted of violating the prohibition law, and he appeals.
Charge 5, refused to defendant, is as follows:
"I charge you that defendant in his defense interposed a plea of not guilty and accounts for himself by introducing evidence of an alibi; and I charge you that even though said alibi is interposed, the burden is upon the State throughout the trial to convince you beyond a reasonable doubt of defendant's guilt from all the evidence before you can convict defendant."
Refused charge 5 is nothing more than an instruction to the jury that before they can convict the defendant they must be convinced of his guilt from the evidence beyond a reasonable doubt. This the court fully charged in his oral instruction and in several written charges. The charge does not seek to define an alibi or its effect upon the trial. The ruling of the court on this charge is not in conflict with the decision in Caraway's Case, 18 Ala. App. 547, 93 So. 376.
The rulings of the court upon the admission of testimony were of such character as not to materially affect defendant's substantial rights. After thoroughly considering all these in connection with the entire record, we are convinced that defendant has had a fair trial without prejudicial error.
Let the judgment be affirmed.