Campbell v. State
Supreme Court of Alabama
Appeal from St. Clair Circuit Court. Heard before Hon. J. E. Blackwood. Will Campbell was convicted of murder in tbe first degree, and he appeals. Tbe facts relative to tbe motion and evidence sufficiently appear in tbe opinion.
Read the full summary
Appeal from St. Clair Circuit Court. Heard before Hon. J. E. Blackwood. Will Campbell was convicted of murder in tbe first degree, and he appeals. Tbe facts relative to tbe motion and evidence sufficiently appear in tbe opinion. Tbe following charges were refused to tbe defendant: “A. If there is one single fact proved to tbe satisfaction of tbe jury which is inconsistent with defendant’s guilt, this is sufficient to raise a reasonable doubt, and tbe jury should acquit” O. Same as A. “F. If, after a consideration of all tbe evidence, or any part thereof, tbe jury believe there is a…
1ConcurrenceMcCLELLAN, J.
(concurring.) — This appeal, sought to be dismissed on the Attorney General’s mo*29tion, was taken during, and the appeal was returnable to, the 1911-12 term of the Supreme Court. The appeal was not docketed during that term. It was docketed January 13, 1913. The only possible theory upon which the denial of the motion to dismiss the appeal may be rested is to give rule 42 (Civil Code 1907, p. 1517) the effect of supplementing Code (1907) § 2870; (1886) § 3620; (1896) § 437. This rule (46) was adopted February 10, 1894. By the Code of 1886, § 675, subdiv. 4, the Supreme Court was authorized “to…
2Cases cited4 opinions
- Sears v. KirkseySupreme Court of Alabama · 1886
- Decatur Water Works Co. v. FosterSupreme Court of Alabama · 1909
- Winthrow v. Woodward Iron Co.Supreme Court of Alabama · 1886
- Swain v. StateAlabama Court of Appeals · 1912