Pounds v. State
Alabama Court of Appeals
Appeal from Elmore Circuit Court. Heard before Hon. S. L. Brewer. Julius J. Pounds was convicted of murder in the second degree, and he appeals. Defendant was charged with killing one Peebles. The killing occurred in a general fight between the two men, and in the scuffle defendant drew a pistol and fired, while the pistol was close to Peebles’ side.
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Appeal from Elmore Circuit Court. Heard before Hon. S. L. Brewer. Julius J. Pounds was convicted of murder in the second degree, and he appeals. Defendant was charged with killing one Peebles. The killing occurred in a general fight between the two men, and in the scuffle defendant drew a pistol and fired, while the pistol was close to Peebles’ side. The only matters assigned for error are the refusal of certain charges to defendant, as follows: (2) The court charges the jury that the .evidence in this case must be so convincing as to lead the mind of the jury to-the conclusion that defendant…
1Opinion of the CourtPelham, P. J.
Additional copies of the record having been furnished, as provided by Supreme Court rule 46 (see rule 46, front pages, 178 Ala.), this case has been considered and opinion prepared in compliance with that rule.
(1, 2) The general affirmative charge in behalf of the defendant was properly refused. It is.not necessary to prove venue in express terms by direct testimony. Venue, as any other fact, may be proven by circumstances from which the inference may be drawn by the jury. — Powell v. State, 5 Ala. App. 75, 83, 59 South. 530. The state’s witness Keener Welsh testified to facts from which the…
2Cases cited11 opinions
- Jones v. StateSupreme Court of Alabama · 1913
- Stone v. StateSupreme Court of Alabama · 1894
- Thornton v. StateSupreme Court of Alabama · 1896
- McClain v. StateSupreme Court of Alabama · 1913
- Powell v. StateAlabama Court of Appeals · 1912
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Cumbo v. StateCourt of Criminal Appeals of Alabama · 1978
- Britton v. StateAlabama Court of Appeals · 1917
- Lovejoy v. StateAlabama Court of Appeals · 1948
- Ledbetter v. StateAlabama Court of Appeals · 1948
- Cauley v. StateAlabama Court of Appeals · 1948
13 more not listed; retrieve them via the Exa API.