Mitchell v. State
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. O. J. Semmes. The appellant, Joe Mitchell, was indicted, tried and convicted of larceny of money from a dwelling. The opinion of the court sufficiently sets forth the facts relating to the rulings of the trial court, which are reviewed on this appeal.
Read the full summary
Appeal from the City Court of Mobile. Tried before the Hon. O. J. Semmes. The appellant, Joe Mitchell, was indicted, tried and convicted of larceny of money from a dwelling. The opinion of the court sufficiently sets forth the facts relating to the rulings of the trial court, which are reviewed on this appeal. Upon the introduction of all the evidence, the defendant requested the court to give to the jury the following written charges, and separately excepted to the court’s refusal to give each of them as asked: (1.) “The court charges the jury that a conviction may rest upon circumstantial…
1Opinion of the Court
BRICKELL, C. J. —
1. The first question presented is, the rejection of evidence proposed to be introduced by the defendant, having, as is insisted in argument, a tendency to show that Maggie Pickens, a witness for the defendant who had been examined on the trial before a committing magistrate, was not within the State, and her personal presence could not be compelled. The purpose of the evidence was to lay a predicate for the introduction of evidence of the testimony given by the witness on the preliminary trial. Connected with this question, is the sufficiency of the evidence which was…
2Cases cited15 opinions
- Cross v. StateSupreme Court of Alabama · 1881
- Thompson v. StateSupreme Court of Alabama · 1894
- Lowe v. StateSupreme Court of Alabama · 1888
- Banks v. StateSupreme Court of Alabama · 1882
- Matthews v. StateSupreme Court of Alabama · 1876
10 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Cumbo v. StateCourt of Criminal Appeals of Alabama · 1978
- Burton v. StateSupreme Court of Alabama · 1896
- Dyer v. StateSupreme Court of Alabama · 1941
- McDonald v. StateSupreme Court of Alabama · 1910
- Hayes v. StateCourt of Criminal Appeals of Alabama · 1980
34 more not listed; retrieve them via the Exa API.