Legal Opinion

Allen v. State

Alabama Court of Appeals

Decided June 17, 1913PublishedCited by 17 opinions

Appeal from Cherokee Circuit Court. Heard before Hon. W. W. Harals'on. Jim Allen was convicted of burglary, and he appeals.

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Appeal from Cherokee Circuit Court. Heard before Hon. W. W. Harals'on. Jim Allen was convicted of burglary, and he appeals. The stamp book was not admissible in evidence. — Buchanan v. State, 109 Ala. 7; Crane v. State, 111 Ala. 45. The proper predicate was not laid to render the trailing of the dogs admissible. — Hodges v. State, 98 Ala. 10; Simpson v. State, 111 Ala. 8; Richardson v. State, 145 Ala. 46. The charge requested should have been given. — 116 Ala. 445; 47 Ala. 603. On application for rehearing counsel discuss át length the trailing of the dogs, but cite no authority in addition…

1Opinion of the CourtThomas, J.

— The defendant was tried and convicted on an indictment charging him with the offense of burglary. Only three questions are urged on this appeal; two relating to the action of the trial court in the admission of certain evidence offered by the state, and the other relating to its refusal to give a written charge requested by defendant.

It is insisted, in the first place, that the court erred in permitting the state to prove the alleged trailing of the dogs, on the next day after the burglary, of defendant’s supposed tracks from the scene of the burglary, for a distance of several miles, to…

2Cases cited13 opinions

  1. Bryant v. StateSupreme Court of Alabama · 1897
  2. Washington v. StateSupreme Court of Alabama · 1894
  3. Hargrove v. StateSupreme Court of Alabama · 1906
  4. Hodge v. StateSupreme Court of Alabama · 1893
  5. Downey v. StateSupreme Court of Alabama · 1896

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

3Cited by17 opinions

  1. Smith v. StateSupreme Court of Alabama · 1968
  2. State v. DixsonMontana Supreme Court · 1927
  3. Terrell v. StateCourt of Special Appeals of Maryland · 1968
  4. VanPelt v. StateCourt of Criminal Appeals of Alabama · 2009
  5. Bills v. StateCourt of Criminal Appeals of Alabama · 1973

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

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