Mitchell v. State
Supreme Court of Alabama
From the Circuit Court, of Conecuh. ■ Tried before the Hon. John P. Hubbard. The defendant in this case, George Mitchell,was indicted for placing an impediment or obstruction on or under the track of the Louisville & Nashville Railroad Company, near the trestle across Murder Ci’eek in said county, about two miles from Evergreen.
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From the Circuit Court, of Conecuh. ■ Tried before the Hon. John P. Hubbard. The defendant in this case, George Mitchell,was indicted for placing an impediment or obstruction on or under the track of the Louisville & Nashville Railroad Company, near the trestle across Murder Ci’eek in said county, about two miles from Evergreen. The obstruction was created by prizing up the iron rail and the cross-tie on which it rested, by using another cross-tie, a crow-bar, and a jack-screw; and this was done on the night of March 24-5, between twelve o’clock and day-break. The train of cars which passed…
1Opinion of the CourtWalker, J.
— There was evidence tending to show that a crow-bar, which had been kept in the depot at Evergreen, had been missing from that place since the night the obstruction was put on the track; that the defendant was seen on the track that night, with a crow-bar, and that a crow-bar was. found the next morning at the scene of the obstruction. Evidence was admissible to show that the crow-bar which was found there was the same one which was missing from the depot. On the question of the identification of persons or things, a witness may be allowed to speak as to his opinion or belief. He may be…
2Cases cited10 opinions
- Ward v. StateSupreme Court of Alabama · 1856
- Fonville v. StateSupreme Court of Alabama · 1890
- Watkins v. StateSupreme Court of Alabama · 1889
- Birmingham Union Railway Co. v. HaleSupreme Court of Alabama · 1890
- Snider v. BurksSupreme Court of Alabama · 1887
5 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Dennison v. StateSupreme Court of Alabama · 1953
- Williams v. StateCourt of Criminal Appeals of Alabama · 1979
- Stone v. StateSupreme Court of Alabama · 1922
- Thornton v. StateSupreme Court of Alabama · 1896
- Yarbrough v. StateSupreme Court of Alabama · 1894
46 more not listed; retrieve them via the Exa API.