Holbrook v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Jackson. Tried before the Hon. J. A. Bilbro. The charge requested by defendant ought to have been given ; '3rd Vol. Green-leaf on Evidence, 3rd edition, paragraphs 154, 155, 157, 161, 162 and notes ; also Vol. 1 of Bishop on Criminal Law, 5th edition, paragraphs 207, 320, 342 and 411. Wharton’s Criminal Law, 9th edition, paragraph 963; and Watson v.- State, 70 Ala. 13; and Lowder v. State, 63 Ala. 143. Defendant’s charge was properly refused.
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Appeal from the Circuit Court of Jackson. Tried before the Hon. J. A. Bilbro. The charge requested by defendant ought to have been given ; '3rd Vol. Green-leaf on Evidence, 3rd edition, paragraphs 154, 155, 157, 161, 162 and notes ; also Vol. 1 of Bishop on Criminal Law, 5th edition, paragraphs 207, 320, 342 and 411. Wharton’s Criminal Law, 9th edition, paragraph 963; and Watson v.- State, 70 Ala. 13; and Lowder v. State, 63 Ala. 143. Defendant’s charge was properly refused. The question of intent is one of fact for the jury, and the court can neither infer, nor direct the jury to infer…
1Opinion of the CourtColeman, J.
The defendant was convicted of petit"! larceny. The evidence tended to show that the defendant. was employed by one Wigginton to carry him from his home by conveyance to the depot, where he intended to board a train. Arriving at the depot, Wigginton left with the defendant a quilt, to bo returned to his home, which the defendant agreed to do. The defendant carried the quilt to a store and traded it off for an amount much less than its value.
The defendant requested the court to charge the jury that “if the jury believe from the evidence that the witness, Wigginton, delivered the quilt to the…
2Cases cited1 opinion
- Oxford v. StateSupreme Court of Alabama · 1859
3Cited by27 opinions
- Fitch v. StateSupreme Court of Florida · 1938
- Turner v. StateSupreme Court of Alabama · 1899
- Dozier v. StateSupreme Court of Alabama · 1900
- Williams v. StateIndiana Supreme Court · 1905
- Jackson v. StateAlabama Court of Appeals · 1947
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