The Montgomery advertiser., 1902-04-30
ps . ss . . . . . . . (
AA-4a4a '. THE STATE. lildictment tor Murder.


 l. Organization of Jury in capital case. Under the provisions of the statute reg ulating the manner of drawing and sum- mof1ng special juries in capital cases Code Sec. b0O4) d special venire, com posed of not less than twenty-five nor more than fifty names, must be drawn for each capital case; and it is error for the Court to draw one special venire for the trial of two defendants, separately in- dicted for separate and distinct felonleS
 :, Same.-l nder the provisions of the statute, it is the right of defendant in- dicted for capital ofense to have d jury selected from all the persons sum | moned special jurors, who aresin at- tendance and who are competent, lEod1 Sections 50Oi o005. 50O5l. and 1t is not only error for the Court to draw one special dicted for separate and distinct felonies, whose trials are set for the same day, but it is also error for the court, after having selected jury from the special and regular juries, for the trial of one Of the defendants, to deny the other defend- ant the right of passing on said jurors i'll the organization of the jury for the lat ter 8 trial
 }. Homicide; charge to the jury--On a trial under an Indictment for murder, charge is free from error which instructs the jury that. If the jury have req sonable doubt as to whether the killing was done deliberately. or as to whether it was premeditatively. then they can not find the defendant guilty of murder in the first degree and if they have-a reason able doubt as to whether the killing was done in malice. then they can not find the defendant guilty of murder in either degree, but only manslaughter at most; and If after considering all the evidence, the jury have reasonable doubt as to defendants guilty of manslaughter. aris- ing out of all the evidence, then they should find the defendant not guilty of any offense: and such charge should be given at the request of the defendant
 4. Same; same; burden of proof.-On trial under an indictment for murder, charge is erroneous and properly refused which instructs the jury that "The bur den of proof is not shifted from the State to the defendant and the presump- tion of innocence abideS with the defend- ant until all the evidence in the cause convinces the jury to a moral certainty that the defendan. can not be guiltless. lDowdell J., dissenting)
 E. Charge of court to jury: should he clear and certain.-Charges which the court are requested to give should be ex- pressed in clear. certain and intelltgtble language; and if not so expressed are properly refused.
 6 Abstract and argumentat!ve charges are properly refused.
 T. Homicide. charge to the jury.-On d trial under an indictment for murder. where there is evidence tending to show that the defendant brought on the diffl- culty a charge is erroneous and proper lv refused which instructs the jury that IT one dsSdh!teb SuuuehlN anu uiiuer tne maddening influence of blows slays his assailant and there is nothing else in the transaction, this is manslaughter and not murder
 &. Same; same; self-dcfense.-On a trial under an indictment for murder, charges which hypothesize self-defanse in genefal terms or which hypothesiZe one or more elements of seif-defense. and which omit to set out all the constituent elements of self-defense, are erroneous and properly refused
 Appeal from the Circuit Court of Pike.
 Tried before the Hon. R. l.. Harmon. Special Judge.
 Opinion by Dowdell. J.