Albritton v. State
Supreme Court of Alabama
From Ihe City Court of Montgomery. Tried before the Hon. Taos. M. Arrington. The indictment in each of these cases charged that the defendant “wantonly or maliciously threw or cast a certain missile which was calculated to produce death or great bodily harm, to-wit, a rock or a stone, into or at a passenger car which was part of a train on the railroad of the Alabama Midland Railway Company, in which said car there was at the time a human being.”
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From Ihe City Court of Montgomery. Tried before the Hon. Taos. M. Arrington. The indictment in each of these cases charged that the defendant “wantonly or maliciously threw or cast a certain missile which was calculated to produce death or great bodily harm, to-wit, a rock or a stone, into or at a passenger car which was part of a train on the railroad of the Alabama Midland Railway Company, in which said car there was at the time a human being.” On the trial, each of the defendants adduced evidence tending to prove an alibi; and each excepted to charges given by the court in reference to…
1Opinion of the CourtClopton, J.
— At the instance of the prosecution, the court gave, in each of these cases, the following charge : “An unsuccessful attempt to prove an alibi is always a circumstance of great weight against the prisoner.” Speaking in reference to this statement of the principle in Burrill on Cir. Ev. 519, as quoted Irom Wills, and from which the charge is copied, it is said in Porter v. State, 55 Ala. 95: “We are inclined to think Mr. Burrill states the principle too Strongly. We can not perceive why a failure in an attempted proof .of alibi should be visited with severer intendments than a failure in the…
2Cases cited5 opinions
- Miller v. PeopleIllinois Supreme Court · 1866
- Porter v. StateSupreme Court of Alabama · 1876
- People v. LangtreeCalifornia Supreme Court · 1883
- Pollard v. StateMississippi Supreme Court · 1876
- Landis v. StateSupreme Court of Georgia · 1883
3Cited by25 opinions
- Prince v. StateSupreme Court of Alabama · 1893
- Watson v. AdamsSupreme Court of Alabama · 1914
- Roberson v. StateSupreme Court of Alabama · 1913
- Ragland v. StateSupreme Court of Alabama · 1939
- James v. StateSupreme Court of Alabama · 1896
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