Rollins v. State
Alabama Court of Appeals
Appeal from Circuit Court, Jefferson County; H. P. Heflin, Judge. Jim Rollins was convicted for miscegenation, and he appeals. The state failed to make out a prima facie case, and the defendant was entitled to the affirmative charge. 76 Ala. 42; 55 Ala. 154; 88 Ala. 236, 7 South. 346, 16 Am. St. Rep. 51; 2 O. J. 22-25. The court erred in admitting the alleged confession. 17 Ala. App. 167, 82 South. 657; 76 Ala. 42; 78 Ala. 425, 56 Am.
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Appeal from Circuit Court, Jefferson County; H. P. Heflin, Judge. Jim Rollins was convicted for miscegenation, and he appeals. The state failed to make out a prima facie case, and the defendant was entitled to the affirmative charge. 76 Ala. 42; 55 Ala. 154; 88 Ala. 236, 7 South. 346, 16 Am. St. Rep. 51; 2 O. J. 22-25. The court erred in admitting the alleged confession. 17 Ala. App. 167, 82 South. 657; 76 Ala. 42; 78 Ala. 425, 56 Am. Rep. 40; 203 Ala. 239, 82 South. 489. Counsel discuss other assignments of error, but in view of the opinion it is not deemed necessary to here set them out.
1Opinion of the CourtBricken, P. J.
The defendant was convicted of miscegenation under an indictment which charges that Edith Labue, a white person, and Jim Rollins alias, etc., a negro or descendant of a negro, did intermarry or live in adultery or fornication with each other, etc.
[1-3] It cannot be seriously questioned that in the absence of the alleged confessions of this defendant the evidence adduced upon the trial of this case is too vague and uncertain, and therefore insufficient to overcome the presumption of innocence, evidentiary in its nature, which as a matter of law attended this defendant on his entering upon this…
2Cases cited1 opinion
- Carr v. State.Alabama Court of Appeals · 1920
3Cited by3 opinions
- Roberts v. StateAlabama Court of Appeals · 1933
- May v. StateSupreme Court of Alabama · 1923
- May v. StateSupreme Court of Alabama · 1923