Turney v. State
Alabama Court of Appeals
Appeal from Circuit Court, Morgan County; R. C. Briekell, Judge. ■Bascom Turney was convicted of grand larceny, and appeals. The indictment charged the talcing of $1,-200 in gold currency of the United States, the exact number and denomination of the same being unknown to the grand jury. The evidence was circumstantial, and the exceptions thereto sufficiently appear.
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Appeal from Circuit Court, Morgan County; R. C. Briekell, Judge. ■Bascom Turney was convicted of grand larceny, and appeals. The indictment charged the talcing of $1,-200 in gold currency of the United States, the exact number and denomination of the same being unknown to the grand jury. The evidence was circumstantial, and the exceptions thereto sufficiently appear. Charge 1 refused to defendant is as follows: “Unless you find from the evidence that defendant took $1,200 in gold money in denominations of $20 gold pieces, $10 gold pieces, and $5 gold pieces, yon should find defendant not…
1Opinion of the CourtBricken, J.
[1, 2] The motion made by the defendant on the close of the evidence offered by the state, for the exclusion of the evidence because of its insufficiency to support a conviction, was properly overruled. On every trial by a jury there may arise a preliminary question, a question of law the court must decide. And that is whether the party on whom rests the burden <5f proof has introduced evidence which ought properly to be submitted to the jury in support of the issue he is bound to maintain; i. e., “whether there be any evidence or not is a question for the court; whether it is sufficient…
2Cases cited9 opinions
- Burton v. StateSupreme Court of Alabama · 1896
- Allison v. StateAlabama Court of Appeals · 1911
- Downey v. StateSupreme Court of Alabama · 1896
- Hammond v. StateSupreme Court of Alabama · 1906
- Hill v. StateSupreme Court of Alabama · 1906
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Tucker v. StateAlabama Court of Appeals · 1951
- Foote v. StateAlabama Court of Appeals · 1917
- Thomas v. StateCourt of Criminal Appeals of Alabama · 1978
- Taylor v. StateAlabama Court of Appeals · 1922
- Ex Parte TurneySupreme Court of Alabama · 1917
1 more not listed; retrieve them via the Exa API.