Legal Opinion

Pope v. State

Supreme Court of Alabama

Decided December 21, 1911PublishedCited by 54 opinions

Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Jr. Ervin Pope was convicted of murder, and lie appeals. For former report of this case, see 168 Ala. 83, 53 South. 292. The exceptions to evidence are sufficiently set forth in the opinion of the court.

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Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Jr. Ervin Pope was convicted of murder, and lie appeals. For former report of this case, see 168 Ala. 83, 53 South. 292. The exceptions to evidence are sufficiently set forth in the opinion of the court. The following are the charges refused to plaintiff: “(1) The court' charges the jury that, no matter how strong the circumstances may be, if they can be reconciled with the theory that some other person may have done the act, then the defendant is not shown to be guilty. “(2) The court charges the jury that,'no matter how…

1Opinion of the CourtSomerville, J.

This is the second appeal in this case, the first being reported in Pope v. State, 168 Ala. 33, 53 South. 292. On the first trial, as on the second, appellant was convicted of murder in the first degree, and sentenced to death. The record presents for review numerous rulings of the trial court, the most important of which are discussed at length in the brief of counsel for appellant. We consider these in the order in which they are presented.

*721. The trial court properly refused to give for the defendant the general affirmative charge. We cannot undertake to review the evidence at length in this…

2Cases cited31 opinions

  1. Alabama Great Soiitliern Railroad v. HawkSupreme Court of Alabama · 1882
  2. Levison v. StateSupreme Court of Alabama · 1875
  3. Ross v. StateSupreme Court of Alabama · 1883
  4. Gilmore v. StateSupreme Court of Alabama · 1892
  5. Butler v. Manhattan Railway Co.New York Court of Appeals · 1894

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

3Cited by54 opinions

  1. Phelps v. StateCourt of Criminal Appeals of Alabama · 1983
  2. Godau v. StateSupreme Court of Alabama · 1913
  3. Peterson v. StateSupreme Court of Alabama · 1933
  4. Spooney v. StateSupreme Court of Alabama · 1928
  5. Burns v. StateSupreme Court of Alabama · 1932

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

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