Legal Opinion

Adams v. State

Supreme Court of Alabama

Decided November 15, 1896PublishedCited by 6 opinions

Appeal from the Circuit Court of Marengo. Tried before the Hon. John C. Anderson. The appellant was indicted for the larceny of an overcoat and a pistol from a dwelling house, the property stolen being the property of William M. Ellis.

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Appeal from the Circuit Court of Marengo. Tried before the Hon. John C. Anderson. The appellant was indicted for the larceny of an overcoat and a pistol from a dwelling house, the property stolen being the property of William M. Ellis. The State introduced William M. Ellis as a witness, who testified that on September 1, 1896, he missed his overcoat and pistol from his room ; that he had never seen the pistol since, but in December, 1896, he saw the defendant wearing his overcoat. This witness testified that the overcoat the defendant wore was his, and stated certain facts in reference to the…

1Opinion of the CourtColeman, J.

The defendant was convicted of petit larceny. After the evidence had closed, the defendant requested the court to instruct the jury as follows: “After considering all the evidence in this case, unless you can say that you have a fixed conviction of the truth of the charge, you are not satisfied beyond a reasonable doubt, and should not convict the defendant.”

First, is the charge expressed in that plain, simple and unambiguous language which should characterize instructions to a jury ?—L. & N. R. R. Co. v. Hall, 87 Ala. 723 ; Peterson v. The State, 74 Ala. 34. Counsel for appellant have…

2Cases cited3 opinions

  1. Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1888
  2. Peterson v. StateSupreme Court of Alabama · 1883
  3. Knowles v. OgletreeSupreme Court of Alabama · 1893

3Cited by6 opinions

  1. Davis v. StateAlabama Court of Appeals · 1913
  2. Sherrill v. StateSupreme Court of Alabama · 1902
  3. Ashley v. StateAlabama Court of Appeals · 1912
  4. Webb v. StateSupreme Court of Alabama · 1909
  5. Gibson v. StateAlabama Court of Appeals · 1912

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