Stinson v. State
Alabama Court of Appeals
Appeal from Shelby County Court. Heard before Hon.. E. S. Lyman. Furman Stinson was convicted of petit larceny, and appeals. Charge 1 is as follows: “The court charges the jury that if any of the state’s witnesses.have exhibited prejudice or anger against defendant, and satisfied you that they have not testified truly, and are not worthy of belief, and you think their testimony should be disregarded, you may disregard it altogether.”
Read the full summary
Appeal from Shelby County Court. Heard before Hon.. E. S. Lyman. Furman Stinson was convicted of petit larceny, and appeals. Charge 1 is as follows: “The court charges the jury that if any of the state’s witnesses.have exhibited prejudice or anger against defendant, and satisfied you that they have not testified truly, and are not worthy of belief, and you think their testimony should be disregarded, you may disregard it altogether.” Counsel discuss exceptions to evidence with citation of authority, but in view of the opinion it is not deemed necessary to here set them out. They insist that…
1Opinion of the CourtPelham, J.
Charge No. 1 reqested in writing by the defendant and refused by the court is not covered by any written charge given at the instance of the defendant, and states a correct legal proposition as applied to the evidence in the case — that is, it is not abstract — and the principle it asserts has often been approved, more than once in the exact language of this charge. — Adams v. State, 175 Ala. 8, 57 South. 591; Naugher v. State, 6 Ala. App. 3, 60 South. 458; Hammond v. State, 147 Ala. 79, 41 South. 761; Burkett v. State, 154 Ala. 19, 45 South. 682; Chestnutt v. State, 7 Ala. App. 72, 61 South.…
2Cases cited5 opinions
- Adams v. StateSupreme Court of Alabama · 1912
- Hammond v. StateSupreme Court of Alabama · 1906
- Burkett v. StateSupreme Court of Alabama · 1908
- Chestnut v. StateAlabama Court of Appeals · 1913
- Naugher v. StateAlabama Court of Appeals · 1912
3Cited by5 opinions
- Clayton v. StateAlabama Court of Appeals · 1929
- Lovelady v. StateAlabama Court of Appeals · 1931
- McCray v. StateAlabama Court of Appeals · 1953
- Lovelady v. StateAlabama Court of Appeals · 1931
- McCray v. StateAlabama Court of Appeals · 1953