DocketNumber: 1 Div. 224
Citation Numbers: 411 So. 2d 813
Judges: Tyson
Filed Date: 6/23/1981
Status: Precedential
Modified Date: 7/29/2022
The indictment charged James Biggs with the first degree murder of Earnest Boney, by shooting him with a pistol, contrary to the provisions of § 13A-6-2, Code of Alabama 1975. The jury found the appellant “guilty of manslaughter” and after polling the jury and setting the cause for sentencing hearing, the trial court set sentence at five years’ imprisonment in the penitentiary.
Because reversible error appears from the exception to the trial court’s oral charge and in the refusal of certain requested written charges which are correct statements of law, we pretermit consideration of the evidence in this cause.
I
Defense counsel excepted to the trial court’s oral charge on several grounds (R. 109-112) among them the refusal of the trial court to charge that the “legal presumption of innocence was to be regarded as a matter of evidence in behalf of appellant”. The trial court also refused a written requested charge on this. (R. 10).
For the error shown, this case is reversed and remanded for new trial.
REVERSED AND REMANDED.