Legal Opinion

Provo v. State

Supreme Court of Alabama

Decided December 15, 1876PublishedCited by 5 opinions

EboM the City Court of Montgomery. Tried before 'the Hon. J. A. Murais. The indictment in this case charged, that the defendant, Meredith Provo, “ feloniously took and carried away a sheep, the personal property of James L. Sampey,” On his trial, he reserved a bill of exceptions to the charges given by the court to the jury, as stated in the opinion of the court. cited the case of >Spencer v. The State, 50 Ala. 124. cited Burrill on Circumstantial Evidence, 517-8; Best on…

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EboM the City Court of Montgomery. Tried before 'the Hon. J. A. Murais. The indictment in this case charged, that the defendant, Meredith Provo, “ feloniously took and carried away a sheep, the personal property of James L. Sampey,” On his trial, he reserved a bill of exceptions to the charges given by the court to the jury, as stated in the opinion of the court. cited the case of >Spencer v. The State, 50 Ala. 124. cited Burrill on Circumstantial Evidence, 517-8; Best on Evidence, vol. 2, § 655; Carter v. The State, 33 Ala. 429; Also-broolcs v. The State, 52 Ala. 24.

1Opinion of the Court

MANNING, J. —

Exception was taken in the City Court to the instructions of the judge, “that the jury should consider the evidence of an a‘ibi with great caution; that the law so considered it, for the reason that it was so easily *223manufactured; but that an alibi, when once established to the satisfaction of the jury, was as good as any other evidence” We suppose this should be any other defense. This was one among other charges given, and is not equivalent to the instruction held to be erroneous in Spencer v. State (50 Ala. 124) — that “the defense of an alibi • • ■ the law always looks upon…

2Cases cited1 opinion

  1. Spencer v. StateSupreme Court of Alabama · 1874

3Cited by5 opinions

  1. Johnson v. StateAlabama Court of Appeals · 1931
  2. Johnson v. StateSupreme Court of Alabama · 1931
  3. Canty v. StateSupreme Court of Alabama · 1942
  4. State ex rel. Dewey v. KibbeWisconsin Supreme Court · 1925
  5. Lee v. StateCourt of Criminal Appeals of Alabama · 1987

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