Dillehay v. State
Supreme Court of Alabama
Certiorari to Couft of Appeals. Petition by the State of Alabama, on the relation of Harwell G. Davis, Attorney General, for certiorari to the Court of Appeals, to review and. revise a judgment of conviction. Petition by the State of Alabama, on the relation of Harwell G. Davis, Attorney General, for certiorari to the Court of Appeals, to review and revise the judgment of said court rendered on the appeal of Dannie Dillehay v. State, 90 South. 332. Writ denied.
Read the full summary
Certiorari to Couft of Appeals. Petition by the State of Alabama, on the relation of Harwell G. Davis, Attorney General, for certiorari to the Court of Appeals, to review and. revise a judgment of conviction. Petition by the State of Alabama, on the relation of Harwell G. Davis, Attorney General, for certiorari to the Court of Appeals, to review and revise the judgment of said court rendered on the appeal of Dannie Dillehay v. State, 90 South. 332. Writ denied. For the charges referred to in the opinion, as well as the evidence, see report of Dannie Dillehay v. State of Alabama (Court of…
1Opinion of the CourtSayre, J.
[1] Assuming, since the burden of the Attorney General’s argument is based upon this hypothesis and because it seems probable in the nature of things, that the state’s evidence tended to show that defendant removed the hay in question by a series of acts, all affected by one preconceived purpose (Carl v. State, 125 Ala. 89, 104, 28 South. 505), the two charges refused to defendant, upon which in part the reversal is based, were misleading, if not more definitely erroneous and hurtful, for that they fail to take due cognizance of the, hypothesis that defendant may have been guilty by one…
2Cases cited2 opinions
- Postal Tel. Cable Co. v. MinderhoutSupreme Court of Alabama · 1916
- Carl v. StateSupreme Court of Alabama · 1899
3Cited by2 opinions
- Brown v. StateAlabama Court of Appeals · 1941
- Wells Co. v. LaneSupreme Court of Alabama · 1928