Hale v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Cherokee. Tried before the Hon. J. A. Bilbro. The appellant Fayette Hale was tried and convicted tinder an indictment which charged that he “Avith intent to steal broke into and entered the store of Scheie McConnell, in which goods, merchandise or clothings, things of value were kept for use, sale or deposit,” &c.
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Appeal from the Circuit Court of Cherokee. Tried before the Hon. J. A. Bilbro. The appellant Fayette Hale was tried and convicted tinder an indictment which charged that he “Avith intent to steal broke into and entered the store of Scheie McConnell, in which goods, merchandise or clothings, things of value were kept for use, sale or deposit,” &c. J. L. McConnell as a Avitness for the State, testified that the storehouse burglarized belonged to him, but that Scheie McConnell, his son, occupied it and carried on a mercantile business therein with the witness’ permission. I i Avas shown by the…
1Opinion of the CourtMcCLELLAN, C. J.
— Charges 5 and 6, requested by defendant, are “not offensive to the rule against giving-undue prominence to particular parts of the evidence, but come within the exception to that rule as laid down in the cases of Harris v. State, 96 Ala. 24, and Smith v. State, 88 Ala. 73.” — Roberts v. State, Ante, p. 47; 25 So. Rep. 238, 241. The trial court erred in refusing them.
Beveral charges asked by defendant bearing a similh lude to charge 7 refused by the circuit court to this defendant have recently been brought under review in this court. Some of them have been held bad and others good,…
2Cases cited8 opinions
- Harris v. StateSupreme Court of Alabama · 1892
- Smith v. StateSupreme Court of Alabama · 1889
- Pickens v. StateSupreme Court of Alabama · 1896
- Goldsmith v. StateSupreme Court of Alabama · 1894
- Cunningham v. StateSupreme Court of Alabama · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Wilson v. StateSupreme Court of Alabama · 1942
- Birmingham Ry. Light & Power Co. v. MooreSupreme Court of Alabama · 1906
- Morrison v. ClarkSupreme Court of Alabama · 1916
- Turner v. StateSupreme Court of Alabama · 1909
- Fletcher v. StateSupreme Court of Alabama · 1902
51 more not listed; retrieve them via the Exa API.