Elmore v. State
Supreme Court of Alabama
FROM the Circuit Court of Marengo. Tried before the Hon. Jambs T. Jones. ' The defendant was indicted for stealing a watch, and was released on bond to await trial. Before the trial he was remanded to jail.
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FROM the Circuit Court of Marengo. Tried before the Hon. Jambs T. Jones. ' The defendant was indicted for stealing a watch, and was released on bond to await trial. Before the trial he was remanded to jail. At the trial, a witness for the State testified, tliat he did not know whether the defendant had been surrendered by his bondsmen in the matter of this indictment, or whether he was committed on another charge, but that after his commitment he broke out of jail and escaped, and was subsequently recaptured. The defendant moved tlie court to exclude from tlie jury that portion of witness’…
1Opinion of the CourtHaralson, J.
The breaking out of jail and escape of one under indictment for crime, may arise from conscious guilt and tbe fear of trial tlierefor, and tbe dread of the punishment to follow; or it may be, that tbe defendant, conscious of innocence, may dread trial lest be be convicted; or, again, with such consciousness of innocence, being confined in prison and unable to give bail, be would seek freedom in flight from tbe discomforts of such imprisonment. Different individuals might act differently, under tbe same circumstances, owing to tbe difference in their minds, dispositions and characters. Whether…
2Cases cited4 opinions
- Ross v. StateSupreme Court of Alabama · 1883
- Bowles v. StateSupreme Court of Alabama · 1877
- Sylvester v. StateSupreme Court of Alabama · 1882
- Carden v. StateSupreme Court of Alabama · 1887
3Cited by6 opinions
- Smith v. StateSupreme Court of Alabama · 1910
- State v. PoeSupreme Court of Iowa · 1904
- Holland v. StateAlabama Court of Appeals · 1914
- Untreinor v. StateSupreme Court of Alabama · 1906
- Ivey v. StateAlabama Court of Appeals · 1958
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