Legal Opinion

McGee v. State

Supreme Court of Alabama

Decided November 15, 1897PublishedCited by 8 opinions

Appeal from the Criminal Court of Pike. Tried before the Hon.’ E. B. Wilkbrson. The facts of the case are sufficiently stated in the opinion.

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Appeal from the Criminal Court of Pike. Tried before the Hon.’ E. B. Wilkbrson. The facts of the case are sufficiently stated in the opinion. Upon the introduction of all the evidence, the court at the request of the solicitor gave to the jury the following written charge : “The court further charges the jury that, in determining the guilt or innocence of the defendant, the jury must look to the whole of the evidence, and particular facts can not be singled out to the exclusion of the other, and no verdict should be rendered on a part of the evidence.” The defendant duly excepted to the…

1Opinion of the CourtColeman, J.

The defendant was tried and convicted for a violation of section 4772 of the Criminal Code|ofjl896j(Code of 1886,^§ 3849), which makes it a *231criminal offense for any person to “fraudulently exhibit any false samples of any cotton, * * * by means whereof any person is injured,” etc.

There was no error in permitting a witness to testify that the bale of cotton from which the sample was taken, ‘ ‘was mixed packed, being better on one side than on the other.” This evidence was material and tended directly to sustain the charge upon which the defendant was being tried. There was other evidence in…

2Cases cited3 opinions

  1. Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1888
  2. Hughes v. AndersonSupreme Court of Alabama · 1880
  3. Harmon v. McRaeSupreme Court of Alabama · 1890

3Cited by8 opinions

  1. Williams v. StateSupreme Court of Alabama · 1924
  2. Martin v. StateAlabama Court of Appeals · 1911
  3. Griswold v. HorneArizona Supreme Court · 1917
  4. Central of Georgia Railway Co. v. StephensonSupreme Court of Alabama · 1914
  5. Birmingham Railway Light & Power Co. v. BarrettAlabama Court of Appeals · 1912

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