Perdue v. State
Alabama Court of Appeals
Appeal from Circuit Court, Cullman County ; R. C. Brickell, Judge. Caffe Perdue wa's convicted of assault with intent to rob, and he appeals. Reversed and remanded. The grounds for new trial were: First, that the evidence was all circumstantial; and, second, third, and fourth, that the verdict was contrary to the law and evidence; and fifth, that the argument of the solicitor (which appears in the opinion) was highly improper and prejudicial.
Read the full summary
Appeal from Circuit Court, Cullman County ; R. C. Brickell, Judge. Caffe Perdue wa's convicted of assault with intent to rob, and he appeals. Reversed and remanded. The grounds for new trial were: First, that the evidence was all circumstantial; and, second, third, and fourth, that the verdict was contrary to the law and evidence; and fifth, that the argument of the solicitor (which appears in the opinion) was highly improper and prejudicial. The defendant’s motion for a new trial should have been granted. 16 Ala. App. 61,' 75 South. 267. No evidence was offered in support of the motion, and…
1Opinion of the CourtBricken, P. J.
The indictment contained two counts, the first charging the defendant with assault with intent to murder one C. T. Lambert; and the second count charged him with the offence of assault with intent to rob Lambert. The conviction of the defendant under the second count of the indictment followed, and from this judgment, defendant appeals. .
[1] Circumstantial evidence was relied upon solely to connect the defendant with the commission of this offense, and after a careful consideration of all the evidence, we must conclude that this evidence was indeed vague and uncertain so far as showing that…
2Cases cited7 opinions
- Moulton v. StateSupreme Court of Alabama · 1917
- Davis v. StateSupreme Court of Alabama · 1901
- Tannehill v. StateSupreme Court of Alabama · 1909
- Cooper v. StateSupreme Court of Alabama · 1888
- Cassemus v. StateAlabama Court of Appeals · 1917
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- People v. SimonCalifornia Court of Appeal · 1927
- Collum v. StateAlabama Court of Appeals · 1926
- Bailum v. StateAlabama Court of Appeals · 1921
- Kimbrell v. StateAlabama Court of Appeals · 1922
- Beverly v. StateAlabama Court of Appeals · 1937
7 more not listed; retrieve them via the Exa API.