Legal Opinion

Foote v. State

Alabama Court of Appeals

Decided June 5, 1917No. 8 Div. 534PublishedCited by 8 opinions

Appeal from Circuit Court, Jackson County ; W. W. Haralson, Judge. Charles H. Foote was convicted of obtaining money under false pretenses, and appeals.

1Opinion of the CourtBrigken, J.

The defendant was convicted of the offense of obtaining money under false pretenses. On this appeal, it is insisted that the court erred: (1) In refusing to give the affirmative charge for the defendant; (2) in its rulings upon the evidence; and (3) in its refusal to give written charges 1 and 2 requested by the defendant.

[1] 1. The general affirmative charge, not having been requested in writing, as required by section 5364 of tbe' Code of 1907, as amended by Acts 1915, p. 815, was properly refused. The refusal of a charge requested, which is not shown-to have been asked in .writing, does…

2Cases cited21 opinions

  1. Hammond v. StateSupreme Court of Alabama · 1906
  2. Edinburgh-American Land Mortgage Co. v. CanterburySupreme Court of Alabama · 1910
  3. Box v. Southern Railway Co.Supreme Court of Alabama · 1913
  4. Griggs v. StateSupreme Court of Alabama · 1877
  5. Beasley v. StateSupreme Court of Alabama · 1877

16 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Holloway v. StateAlabama Court of Appeals · 1952
  2. State v. SheehanIdaho Supreme Court · 1921
  3. Foster v. StateAlabama Court of Appeals · 1918
  4. Burnette v. StateCourt of Criminal Appeals of Alabama · 1973
  5. Griffin v. StateCourt of Criminal Appeals of Alabama · 1977

3 more not listed; retrieve them via the Exa API.

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