English v. State
Supreme Court of Alabama
Erom the Circuit Court of Monroe. Tried before the Hon. C. ~W. Napier. The indictment in this case was in the general form allowed by the Code.
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Erom the Circuit Court of Monroe. Tried before the Hon. C. ~W. Napier. The indictment in this case was in the general form allowed by the Code. The bill of exceptions discloses the following state of facts: “ On the trial of this case, the State introduced one Graham as a witness, who testified, that he only saw the defendant play cards once within twelve months before the finding of the indictment ; that said game was pi ayed in said county of Monroe, and in a house which the testimony of said witness tended to show was public; that he himself did not play cards at that time, but was in…
1Opinion of the CourtR. W. Walker, J.
There can be no doubt that, on the facts stated, the witness was as guilty of the offense proved by him, as the defendant. There are no accessories in misdemeanors, but all who are concerned in the commission of the offense, are principals.- — -Wharton’s Or. L. § 131; 1 Bishop’s Or. L.* §§ 82-6, 483-5. The witness is, therefore, to be treated as if he had himself played in the game; and on the authority of Davidson v. The State, 33 Ala. 350, we must hold, that the court erred *430in deciding that he was not an accomplice, and that the defendant might be convicted on his individual testimony.
Judgme…
2Cases cited1 opinion
- Davidson v. StateSupreme Court of Alabama · 1859
3Cited by7 opinions
- Darden v. StateAlabama Court of Appeals · 1915
- Boyd v. StateAlabama Court of Appeals · 1912
- Davis v. OrmeSupreme Court of Alabama · 1860
- Crawley v. StateAlabama Court of Appeals · 1916
- Gratton v. StateAlabama Court of Appeals · 1912
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