Legal Opinion

Bell v. State

Supreme Court of Alabama

Decided November 15, 1899PublishedCited by 19 opinions

Appeal from Crenshaw Circuit Court. Tried before D. M. Powell, Esqu., Special Judge. The following charges were given by the court at the request of the State: 1. “The court charges the jury that .the State is not required to .prove the defendant’s guilt beyond a reasonable doubt and to a moral certainty, but only a reasonable certainty.” 2. “The court charges the jury that Joeanna Black-man is merely the informer, and she recovers nothing.

Read the full summary

Appeal from Crenshaw Circuit Court. Tried before D. M. Powell, Esqu., Special Judge. The following charges were given by the court at the request of the State: 1. “The court charges the jury that .the State is not required to .prove the defendant’s guilt beyond a reasonable doubt and to a moral certainty, but only a reasonable certainty.” 2. “The court charges the jury that Joeanna Black-man is merely the informer, and she recovers nothing. But that if the defendant is found to be the real father of the. child the money required to be paid by him must go to the maintenance and education of…

1Opinion of the CourtDowdell, J.

— That a notary public with ex officio poAvers of a justice of the peace, has the same jurisdiction in bastardy proceedings under the statute as a justice of the peace, cannot noAV be questioned. — Douglas v. State, 117 Ala. 186, and authorities there .cited. The affidavit in the present case was made before H. D. Brunson, a justice of the péace, who issued a Avarrant of arrest thereon, making the, same returnable before one J. C. McLendon, a notary public and ex officio justice of the peace in said county of Crenshaw. This Avas irregular, but the irregularity could be waived by the…

2Cases cited3 opinions

  1. Miller v. StateSupreme Court of Alabama · 1895
  2. State ex rel. Washington v. HunterSupreme Court of Alabama · 1880
  3. Shows v. SolomonSupreme Court of Alabama · 1890

3Cited by19 opinions

  1. Phillips v. AshworthSupreme Court of Alabama · 1929
  2. Dickson v. DinsmoreSupreme Court of Alabama · 1929
  3. Kirby v. StateCourt of Criminal Appeals of Oklahoma · 1923
  4. Stockard v. StateCourt of Criminal Appeals of Alabama · 1979
  5. Jimmerson v. StateAlabama Court of Appeals · 1920

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API