Legal Opinion

Noah v. State

Alabama Court of Appeals

Decided January 20, 1916PublishedCited by 7 opinions

Appeal from Jefferson Criminal Court. Heard before Hon. John H. Miller. (On application of the state the Supreme Court reviewed the decision in this case, and denied the writ. See Ex parte State v. Noah, 197 Ala. 701, 72 South. 618.) Tom Noah was convicted of burglary and he appeals,

1Opinion of the Court

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] (On application of the state the Supreme Court reviewed the decision in this case, and denied the writ. See Ex parte Statev. Noah, 197 Ala. 701, 72 So. 613.)

Tom Noah was convicted of burglary and he appeals. Reversed and remanded. (1, 2) The rule which requires indictments to aver every fact necessary to an affirmation of guilt is not satisfied as long as any essential fact is left to implication or inference. — Emmonds v. State, 87 Ala. 12, 6 So. 54; Mazett v.…

2Cases cited16 opinions

  1. Miles v. StateSupreme Court of Alabama · 1891
  2. Smith v. StateSupreme Court of Alabama · 1901
  3. Scharfenburg v. Town of New DecaturSupreme Court of Alabama · 1908
  4. Butler v. StateSupreme Court of Alabama · 1900
  5. Emmonds v. StateSupreme Court of Alabama · 1888

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3Cited by7 opinions

  1. Holt v. StateAlabama Court of Appeals · 1918
  2. Jetton v. StateAlabama Court of Appeals · 1939
  3. Bell v. StateAlabama Court of Appeals · 1917
  4. Ray v. StateAlabama Court of Appeals · 1938
  5. Collins v. StateAlabama Court of Appeals · 1917

2 more not listed; retrieve them via the Exa API.

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