Townsend v. State
Supreme Court of Alabama
Appeal from tbe County Court of Macon. Tried before tbe Hon. M. B. Abercrombie. Tbe facts of tbe case are sufficiently stated in tbe opinion.
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Appeal from tbe County Court of Macon. Tried before tbe Hon. M. B. Abercrombie. Tbe facts of tbe case are sufficiently stated in tbe opinion. There was a fatal variance betunen tbe allegations of tbe complaint or affidavit upon which the defendant in this case, was tried, and tbe. proof, and for that reason tbe defendant was wrongfully convicted. — McOehee v. State, 58 Ala. 360; Elliott v. State, 26 Ala. 78. Where several are jointly indicted for the same offense if the proof shows that one of the defendants, or any number of the defendants less than the whole, are guilty, they may he…
1Opinion of the CourtTyson, J.
It is true there is no conflict in the evidence as to the guilt of the defendant, but the credibility of the witnesses was matter for determination by the jury. It was, therefore, error for the court at the written request of the solicitor to instruct the jury that if they believe the evidence, that they must find the defendant guilty. This instruction, required his conviction though the jury may not have believed the evidence beyond a reasonable doubt. — Jackson v. The State, 106 Ala. 12; Carr v. The State, 104 Ala. 4; Shields v. The State, Ib. 35; Harris v. The State, 100 Ala. 129; Pierson…
2Cases cited10 opinions
- Pierson v. StateSupreme Court of Alabama · 1892
- Carr v. StateSupreme Court of Alabama · 1893
- Elliott v. StateSupreme Court of Alabama · 1855
- McGehee v. StateSupreme Court of Alabama · 1877
- Jackson v. StateSupreme Court of Alabama · 1894
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- The People v. RichieIllinois Supreme Court · 1925
- Clayton v. StateSupreme Court of Alabama · 1942
- Horn v. StateAlabama Court of Appeals · 1928
- Stinson v. StateAlabama Court of Appeals · 1939
- Sampson and Sampson v. StateCourt of Criminal Appeals of Texas · 1918
11 more not listed; retrieve them via the Exa API.