Mickle v. State
Supreme Court of Alabama
From the Circuit Court of Butler. Tried before the Hon. C. W. Rapier. The appellant (George Mickle) was indicted in the Circuit Court of Conecuh, at its Spring term, 1855, for larceny from a dwelling-house; and on his- application tk'e venue was changed to Butler county.
Read the full summary
From the Circuit Court of Butler. Tried before the Hon. C. W. Rapier. The appellant (George Mickle) was indicted in the Circuit Court of Conecuh, at its Spring term, 1855, for larceny from a dwelling-house; and on his- application tk'e venue was changed to Butler county. The bill of exceptions states, that the “ proof relied on by the State for a conviction, and all the proof in the cause tending to show the defendant’s guilt, was purely circumstantial; and upon this state of proof, the defendant’s counsel, among other charges, asked the, following ” :— “1. That it is necessary, in every…
1Opinion of the CourtGoldthwaite, J.
When the circumstances are such that, admitting all they tend to prove, the guilt of the. accused *22is left wholly uncertain, or dependent upon some definite probability only, .they are said to be inconclusive; and although it is admitted by Mr. Starkie that mere coincidences may be so numerous as, by the force of multiplied probability, to exclude all reasonable1 doubt, he says that “this can never happen in the absence of circumstances of a conclusive tendency, unless the probability be increased to an indefinite extent beyond the reach of mere calculation.” — 1 Stark. Ev. (4 Amer. edit.)…
2Cited by12 opinions
- Mose v. StateSupreme Court of Alabama · 1860
- State v. CroffordSupreme Court of Iowa · 1903
- McDougald's Adm'r v. DoughertySupreme Court of Alabama · 1864
- Banks v. StateSupreme Court of Alabama · 1882
- Matthews v. StateSupreme Court of Alabama · 1876
7 more not listed; retrieve them via the Exa API.