Joe v. State
Supreme Court of Alabama
From the Circuit Court of Butler. Tried before the Hon. Jno. K. Henry. The indictment in this case charged, that the prisoner, who was a slave, by night broke and entered into a dwelling-house, occupied by Mrs. Catherine Crawford, with intent to commit a felony. The evidence against the prisoner was altogether circumstantial. The entrance into the house was effected by raising a plank in the floor.
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From the Circuit Court of Butler. Tried before the Hon. Jno. K. Henry. The indictment in this case charged, that the prisoner, who was a slave, by night broke and entered into a dwelling-house, occupied by Mrs. Catherine Crawford, with intent to commit a felony. The evidence against the prisoner was altogether circumstantial. The entrance into the house was effected by raising a plank in the floor. Mrs. Crawford testified, that she was awakened in the night by some one whom, although it was so dark she could not see, she discovered to be a negro by putting her hand on his head; and that she…
1Opinion of the Court
STONE, J. —
[1.] The confessions given in evidence in this case against the prisoner’s objections, were clearly inadmissible under the rule laid down by this court. — See Bob v. The State, 32 Ala. 266, and authorities cited.
[2.] The charge asked should also have been given. — ? See Mose v. The State, 36 Ala. 211, and the criticism of the language of the charge, pp. 230-1.
The other questions argued are not raised by the record, and we need not consider them.
Reversed and remanded, and the prisoner will remain "in custody until discharged by due course of law.
2Cases cited2 opinions
- Pearson v. DarringtonSupreme Court of Alabama · 1858
- Mose v. StateSupreme Court of Alabama · 1860
3Cited by6 opinions
- McAdory v. StateSupreme Court of Alabama · 1878
- McGehee v. StateSupreme Court of Alabama · 1875
- Coffee v. StateSupreme Court of Florida · 1889
- Cohen v. StateSupreme Court of Alabama · 1874
- Lundy v. StateSupreme Court of Alabama · 1890
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