Legal Opinion

Key v. State

Alabama Court of Appeals

Decided April 9, 1912PublishedCited by 9 opinions

Appeal from Lauderdale Circuit Court. Heard before Hon. C. P. Almon. Nat Key was convicted of burglary, and he- appeals. Tbe solicitor in bis argument stated that no one denied that defendant bad tbe bides and sold them to a white man in two or three weeks after tbe place was burglarized.

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Appeal from Lauderdale Circuit Court. Heard before Hon. C. P. Almon. Nat Key was convicted of burglary, and he- appeals. Tbe solicitor in bis argument stated that no one denied that defendant bad tbe bides and sold them to a white man in two or three weeks after tbe place was burglarized. Tbe following charges were refused to tbe defendant: A. “It is tbe humane provision of tbe law that upon circumstantial evidence there should not be a conviction unless to a moral certainty it excludes every other hypothesis but that of tbe guilt of tbe accused. No matter bow strong may be tbe circumstances,…

1Opinion of the Court

de GRAFFENRIED, J.

The defendant was indicted for burglary. As burglary is a felony, and as sections *796450, 6456, 6463, and 6465 of the Code, as amended by the act entitled an act to amend the above sections of the Code, approved August 25, 1909 (Gen. & Local Acts of Ala. Special Sesión 1909, p. 117), apply only to children under 14 years of age who are charged with misdemeanors, not felonies, the defendant can claim no exemption by virtue of any of the statutes of Alabama covering the subject of juvenile delinquents from a conviction under the indictment in this case. •

1. The presumption of…

2Cases cited12 opinions

  1. Gunter v. StateSupreme Court of Alabama · 1895
  2. Bryant v. StateSupreme Court of Alabama · 1897
  3. Rogers v. StateSupreme Court of Alabama · 1897
  4. Washington v. StateSupreme Court of Alabama · 1894
  5. Gibson v. StateSupreme Court of Alabama · 1890

7 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Jones v. StateAlabama Court of Appeals · 1915
  2. LaBryer v. StateAlabama Court of Appeals · 1969
  3. Blocker v. StateAlabama Court of Appeals · 1960
  4. Alldredge v. StateCourt of Criminal Appeals of Alabama · 1969
  5. Senn v. StateCourt of Criminal Appeals of Alabama · 1974

4 more not listed; retrieve them via the Exa API.

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