Cogbill v. State
Alabama Court of Appeals
Appeal from Russell Circuit Court. Heard before Hon. M. Sollie. John Cogbill was convicted of burglary, and he appeals. The following is charge 2: “The court charges the jury that the presumption of law is that a person is sane until the contrary is shown by the evidence, but that when insanity is once established the same is presumed to. continue until it is shown by the evidence that the person has been restored to a mental condition of sanity.
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Appeal from Russell Circuit Court. Heard before Hon. M. Sollie. John Cogbill was convicted of burglary, and he appeals. The following is charge 2: “The court charges the jury that the presumption of law is that a person is sane until the contrary is shown by the evidence, but that when insanity is once established the same is presumed to. continue until it is shown by the evidence that the person has been restored to a mental condition of sanity. And if the jury believe from the evidence in this case beyond a reasonable doubt that the defendant is shown by the evidence at any time prior to…
1Opinion of the CourtWalker, P. J.
— There ivas evidence tending to prove the commission of the burglary alleged in the indictment during a night in May, 1911, and that when the fact was discovered on the following morning there was missing from the store of Anthony, which had been broken into, some cigars and 18 or 20 broken boxes of plug tobacco. These was also evidence tending to prove that late in the following night tbe appellant and one West, who was joined with him in the indictment, carried to the store of one Whatley and sold to him a lot of tobacco of the same kinds as that which Avas missed from Anthony’s store, and…
2Cases cited2 opinions
- Parsons v. StateSupreme Court of Alabama · 1886
- Beasley v. StateSupreme Court of Alabama · 1874
3Cited by6 opinions
- Bass v. StateCourt of Criminal Appeals of Alabama · 1991
- Culbreath v. StateAlabama Court of Appeals · 1927
- Carey v. StateCourt of Criminal Appeals of Alabama · 1978
- Lewis v. StateCourt of Criminal Appeals of Alabama · 1983
- Turner v. StateCourt of Criminal Appeals of Alabama · 1983
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