The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-04
RAGsDALE v. THE STATE.
'pinion by Mcclellan, c. j.

Indictment for handicapped from the
Circuit Court of Greene.
/. Organization of jury; competency Of
juror when fixed opinion not shown.
Although a juror upon his examination
voir dire, in answer to the question as
to whether or not he has "a fixed opinion
as to the guilt or innocence Of the de-
PENDANT which would bias his verdict?"
answers that he has, but upon being
further examined by the court states
that he does not know anything about
| the facts except from hearsay, and has
heard only few people speak OF it, and
that he would be governed entirely by
the evidence and that what he had heard
would not influence his verdict. and he
ffnnlly states that he has no fixed opinion
that would bias his verdict, such juror
Is shown to be competent, and the court
does not err in so holding!
q Homicide; admissibility of evidence.
On a trial under an indictment for muir
der where a witness for the defendant
was Jointly indicted with the defendant
for the homicide and there was evidence
tending to show his completely in 1t.
and said witness testified that he went
with the defendant to the place OF the
killing and had his pistol in the scab-
bard but never pulled 1t out. 1t Is not
competent for the defendant to prove
the killing by the defendant, the life of
said witness had been threatened and
1t was for that reason he was carrying
the pistol in his scabbard, and that on
the day of the killing he was simply car
rying 1t as was his custom.
8 Same; same-On a trial under an in.
dictment for murder, threats previously
made by the deceased, whether commu-
nicated to the defendant or not commu-
~.
unless 1t appears from the testimony
that at the time of the killing the de-
ceased had sought a conflict with the
accused, or was making some demon
stration or overt act or attack towards
the carrying out of such threats Where
the defendant Is the aggressor, threats
previously made by the deceased against
the defendant are not admissible.
l. Charge of court to jury; when I'M
necessary to charge up proof OF venue
On a trial under an indictment for muir
der, where the proof of the venue and the
crime Is fully proved without conflict.
and is undisputed. 1t is no objection that
the general charge given by the court to
the Jury ignores proof of venue.
g. Homicide; charge not erroneous Tor
failing to instruct as to manslughter In
the second degree-On trial under an
indictment for murder. where there is
an entire absence of evidence tending to
show that the crime committed was man
slaughter in the second degree. and all
the evidence without conflict or dispute
shows that the killing by defendant was
Intentional 1t Is no objection to the
charge of the court to the jury that II
fails to instruct the jury as to man.
slaughter in the second degree
6. Same; charge as to burden OF proof
On a trial under an Indictment for muir
der, charge is free rom error which
1nstructs the jury that lin this case the
killing is not denied nor is 1t denied tnat
1t was done Intentionally with deadly
weapon, and the law puts upon the de-
PENDANT the burden of rebutting the pre-
sumption of malice unless the facts and
circumstances of the killing rebuff this
presumption.
T. Same; charge as to self-defense-On
a trial under an indictment for murder,
where the evidence shows without CONNECT
that the defendant was the aggressor IN
the difficulty. he can not set up the plea
of self-defense; and. therefore. In such
case, the giving of a charge wnich IN
structs the jury that 'the burden Is upon
the defendant to reasonably satisfy your
minds that he acted in self-defense, I'M
less the evidence which proves the homi-
eide proved also the excuse or Justinca-
ton" is error without injury.
g. Same: charge of court to jury-on
a trial under an indictment for murder,
charges which instruct the jury that II
they believe the evidence beyond
reasonable doubt, they can not convict
the defendant of murder in the second
degree. or of murder in the first degree.
or of manslaughter in the first degree, are
erroneous and properly refused.
9. Charge as to reasonable doubt-ln
criminal case. a charge which instructs
the jury that they must find the deten-
dant not guilty unless the evidence
against him should be such as to exclude
to a moral certainty every hypothesis
but that of his guilt of the ohense I'M
puted to him." is erroneous and properly
refused.
Affirmed.
Onininn hv HARRISON. 7.