State v. Vance
Supreme Court of Alabama
Appeal from Bibb Circuit Court. Tried before Hon. J. E. Cobb. The appellant, Buck Vance, and Bill Wyatt were jointly indicted at the Spring term, 1885, of said court for the offence of grand larceny — the subject of the alleged larceny being two hogs the property of one George Randolph. The said Wyatt escaped from custody shortly after his arrest, and the appellant was convicted of the offence charged, under a plea of not guilty, at the ensuing Fall term of said court.
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Appeal from Bibb Circuit Court. Tried before Hon. J. E. Cobb. The appellant, Buck Vance, and Bill Wyatt were jointly indicted at the Spring term, 1885, of said court for the offence of grand larceny — the subject of the alleged larceny being two hogs the property of one George Randolph. The said Wyatt escaped from custody shortly after his arrest, and the appellant was convicted of the offence charged, under a plea of not guilty, at the ensuing Fall term of said court. The facts necessary to an understanding of the point adjudicated by the court are sufficiently indicated in the opinion.
1Opinion of the CourtClopton, J.
The only error, apparrent from the record, consists in the general charge, where the court instructed the jury : “If the defendant had knowingly and wilfully procured facts material to his defence to be sworn to, which he knew were false, this might be considered as a circumstance against *357the defendant in weighing the evidence, and may be a presumption against him ; but this is a matter for the jury, to be considered or not as they determine in view of the wholq evidence.” In Beck v. State, ante, p. 1, a charge, the same in substance, was given. The only incidents of the trial, which raised…
2Cited by2 opinions
- Goldsmith & Davis v. McCaffertySupreme Court of Alabama · 1893
- State v. BentleySupreme Court of Alabama · 2013