The Montgomery advertiser., 1903-12-19
HeAd-Notes Of the Decisions
Of Alabama Supreme Court.


life of Sullivan, that Is whether at the
time ne struck the fatal blow he had the
purpose and will to wound him and de-
prive him OF life. and II he did not have
that intention he Is not guilty OF man
slaughter" since the defendant might
have been guilty of manslaughter In the
first degree II he had no intention to
take life.
Is Charge as to reasonable doubt.-In
the trial Of q criminal case, charges
which instruct the jury that IF the jury
are not entirely satisfied Of the defend
ants guilt they should acGuit him." or
that zone Of the correct definitions of be-
yond reasonable doubt 10, to be wholly
satisfied, on satisfied to moral certain
ty," are errone0as and properly refused
as exacting too high degree of proof.
IL. Same.-In the trial OF a criminal
case. a charge In erroneous and properly
refused which instructs the jury that "a
reasonable doubt is one that excludes
every reasonable hypothesis except that
of guilt Of the defendant. and only when
no other supposition will reasonably ac-
count for all the conditions Of the case.
can the conclusions of guilt be legitimate
ly adopted"
s. same.--In the trial Of a criminal case,
A. charge is erroneous which instructs the
Jury that they are to take ana consider
all the evidence in the case in the light
OF their experience as reasonable fair
minded men; and upon such fair and rea-
sonable consideration, to doubt defend
ants guilt, means to acquit him."
Reversed and remanded.
Opinion by HARRISON, ].
REACH v. LAVENDER BROS.
Application for Common Law Writ OF
Certiorari to Justice of the Peace
Appeal from the City Court OF BIZ
mingham.
/. Judgment of the peace; return OF YER
dict of jury void as judgment; common
law certiorari.-Where case Is tried IN
q justice of the peace court by q jury,
and,upon the submission of the cause the
jury returns, I'VE, the jury, find for the
plaintiff and render judgment for twelve
and 1000 dollars and COSTS" which Is
signed by one Of their number as fore
man, and upon this return no judgment
Of the peace as required by the statute,
(Code, Sec. 26sS) but the Jurors deliver
ance is Transcribed on to tho Justice 8
docket as judgment, such, entry ON the
Justices docket does not constitute a
Judgment, and the defendant In such case
IL entitled to the common law writ Of
certiorari to have such supposed judg-
ment quashed; there being no other ado
quate remedy.
2. Same; same; same: sufticiency Of Pc
tition for certiorari.-where q petition for
the common law writ of certiorari. to
have quashed a supposed judgment IN a
justice of the peace court, II il averred
and shown by the transcript from the
Justices docket attached as an exhibit to
the petition. that the trial in the cause
wherein the supposed judgment Is rem
dered was. by the jury without having
been first tried and judgment rendered
thereon by the Justice, an appeal there
from being taken to q jury, and that the
return of the jury was transcribed On to
the Justices docket as a Judgment end
remained there TO be executed Dy the
Justice, such petition is ssuficient 20 au-
thorize the issuance Of the common law
writ of certiorari prayer for, although 1t
fails to deny that the defendant owed the
debt for which he was sued, or falls TO
aver that 1t had a common defense to
the action.
Reversed, rendered and remainded.
Opinion BY Mcclellan, GU.