Samples v. State
Alabama Court of Appeals
Appeal from Cherokee Circuit Court. Heard before Hon. W. W. Haralson. Wesley Samples was convicted of bastardy, and he appeals. Referring to the fact that the witness Wilson was present at the preliminary trial as a witness, and was not examined, the solicitor said: “They knew these facts then, as they know them now. Why didn’t they dispose of the case down there without bringing it to the courthouse.
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Appeal from Cherokee Circuit Court. Heard before Hon. W. W. Haralson. Wesley Samples was convicted of bastardy, and he appeals. Referring to the fact that the witness Wilson was present at the preliminary trial as a witness, and was not examined, the solicitor said: “They knew these facts then, as they know them now. Why didn’t they dispose of the case down there without bringing it to the courthouse. Why is it one of -these boys says that he was there in the house, and a witness; why is it you want to humiliate this girl and her father by bringing this matter here if you had all this…
1Opinion of the Court
BROWN, P. J.—(1) There was evidence which, if believed by the jury, authorized them to find the defendant guilty; and the jury and trial judge were in better position to judge of the credibility of the witnesses than we are. After a careful consideration of the evidence, we are not convinced that the finding of the jury was wrong and unjust. — South. Ry. Co. v. Kirsch, 150 Ala. 659, 43 South. 796; Cobb v. Malone, 92 Ala. 630, 9 South. 738; Dillard v. Savage, 98 Ala. 598, 13 South. 514; Jones v. Tucker, 132 Ala. 305, 31 South. 21.
*669(2) The defendant’s witness Dock Wilson testified that he…
2Cases cited10 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Southern Railway Co. v. KirschSupreme Court of Alabama · 1907
- Tannehill v. StateSupreme Court of Alabama · 1909
- Jones & Co. v. TuckerSupreme Court of Alabama · 1901
- Dillard v. SavageSupreme Court of Alabama · 1893
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