Fulton v. State
Alabama Court of Appeals
Appeal from Jefferson Criminal Court. Heard before Hon. M. Frank Cahalan. Walter Fulton was convicted of receiving stolen goods, and be appeals. The bill of exceptions should be established, as it is admittedly correct, and the only reason for declining to sign it was that the term of the judge had expired.' The affirmative charge should have been given because of the want of proof of-some of the elements constituting the offense.
Read the full summary
Appeal from Jefferson Criminal Court. Heard before Hon. M. Frank Cahalan. Walter Fulton was convicted of receiving stolen goods, and be appeals. The bill of exceptions should be established, as it is admittedly correct, and the only reason for declining to sign it was that the term of the judge had expired.' The affirmative charge should have been given because of the want of proof of-some of the elements constituting the offense. Orr v. Biabe, 18 South. 148; Thomas v. State, 19 South. 403; Gassenheimer v. State, 52 Ala. 319; 2 Bish. Crim. Law, sec. 1138 ; 26 Am. Dec. 261 and notes;…
1Opinion of the CourtThomas, J.
— Tbe defendant was convicted on an indictment charging him with buying, receiving, concealing, or aiding in concealing one diamond shirt stud, tbe property of John H. Lewis, knowing it was stolen, and not having tbe intent to restore it to tbe owner. At the conclusion of tbe evidence in tbe case, tbe defendant requested in writing tbe general affirmative charge in his favor, which tbe trial court refused to give. Its action in this particular is tbe sole question presented for our consideration, except tbe motion to establish tbe bill of exceptions, which must be and is granted, since tbe…
2Cases cited21 opinions
- Eyre v. JacobSupreme Court of Virginia · 1858
- Huggins v. PeopleIllinois Supreme Court · 1890
- Booker v. StateSupreme Court of Alabama · 1907
- Jones v. StateSupreme Court of Alabama · 1891
- Sartorious v. StateCourt of Appeals of Mississippi · 1852
16 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Ashurst v. StateCourt of Criminal Appeals of Alabama · 1984
- Vacalis v. StateSupreme Court of Alabama · 1920
- McConnell v. StateCourt of Criminal Appeals of Alabama · 1972
- Baker v. StateAlabama Court of Appeals · 1951
- Bryant v. StateAlabama Court of Appeals · 1915
11 more not listed; retrieve them via the Exa API.