Dunmore v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. John H. Sheepsy, Special Judge, The appellant, Stephen Dunmore, was indicted, tried and convicted for burglary. The facts pertaining to the only ruling of the trial court which is reviewed on the present appeal, are sufficiently stated in the opinion.
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Appeal from the Circuit Court of Madison. Tried before the Hon. John H. Sheepsy, Special Judge, The appellant, Stephen Dunmore, was indicted, tried and convicted for burglary. The facts pertaining to the only ruling of the trial court which is reviewed on the present appeal, are sufficiently stated in the opinion. There was absolutely no evidence to show either that any goods had been stolen, or to connect the ’ witnesses for the defendant in any way with any stolen goods, and the failure of the court to exclude the statement thus unsupported by evidence was error. — Coleman v. State, 87 Ala.…
1Opinion of the CourtBrickell, C. J.
While the prosecutor and Rice testified to the breaking and entry of the storehouse, and the circumstances may have justified the inference that in the breaking and entry the defendant had the intent to steal, there is not a scintilla of evidence that anything was stolen. The discovery of the defendant on his entry of the house, the alarm given by Rice, the immediate *70flight of the defendant, negative all just, or rational inference, that there was a consummated larceny. And yet, in the concluding argument to the jury, against the objection of the defendant, the solicitor was permitted to…
2Cases cited1 opinion
- Cross v. StateSupreme Court of Alabama · 1881
3Cited by12 opinions
- Langham v. StateAlabama Court of Appeals · 1915
- Pitts v. StateSupreme Court of Alabama · 1903
- Madison v. StateCourt of Criminal Appeals of Alabama · 1975
- Nix v. StateAlabama Court of Appeals · 1945
- Blackmon v. StateSupreme Court of Alabama · 1945
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