Legal Opinion

Belser v. State

Alabama Court of Appeals

Decided June 4, 1918No. 3 Div. 326PublishedCited by 10 opinions

Appeal from Circuit Court, Montgomery County; A. B. Foster, Judge. Ed and Jim Belser were convicted of grand larceny, and they appeal. The charge was the larceny of certain cows.

Read the full summary

Appeal from Circuit Court, Montgomery County; A. B. Foster, Judge. Ed and Jim Belser were convicted of grand larceny, and they appeal. The charge was the larceny of certain cows. The following is charge-refused to defendant: The court charges the jury that possession of recently stolen property is a circumstance tending to prove that the possessor thereof is the guilty agent, and that the bnrden of proof is on lii-m to satisfy the jury beyond a reasonable doubt that he came honestly into the possession of same. Charge 1: If the jury believe from the evidence that the' witness It. A. Bedsole…

1Opinion of the CourtSamford, J.

[1-4] No brief has come to the hands of the court. Charge - requested in writing by the defendant is abstract and does not assert the true rule as to the burden of proof. Charge 1 is entirely abstract. The correct proposition of law applicable to this ease was fully and clearly stated in the oral charge of the court. Charge 2 does not state a correct proposition of law as applied to the testimony of accomplices as provided in section 7897, Code 1907. The test of complicity is: Could the witness be indicted for the offense either as principal or accessory? If not, he is competent. Bass v.…

2Cases cited1 opinion

  1. Bass v. StateSupreme Court of Alabama · 1861

3Cited by10 opinions

  1. Summers v. StateCourt of Criminal Appeals of Alabama · 1977
  2. State v. SimsArizona Supreme Court · 1965
  3. State v. SimsArizona Supreme Court · 1965
  4. Clayton v. StateAlabama Court of Appeals · 1929
  5. Lewis v. StateCourt of Criminal Appeals of Alabama · 1982

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API