West v. State
Supreme Court of Alabama
Appeal from Marshall Circuit Court. Heard before Hou. TV. TV. Haralson. Will West was charged and convicted of grand larcenY in that he stole eleven cow-hides of a stated value, the property of the N. C. & St. L. Railway, and he appeals.
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Appeal from Marshall Circuit Court. Heard before Hou. TV. TV. Haralson. Will West was charged and convicted of grand larcenY in that he stole eleven cow-hides of a stated value, the property of the N. C. & St. L. Railway, and he appeals. Section 6876, Code 3907, is violative of section 6 of the Constitution 1901. The court should have granted a change of venue.— Seams’ Case, 84 Ala. 410. The acts of Paul West were not admissible. — Me Anally’s Case, 74 Ala. 9. His admissions would not be admissible against him. — State v. Sims, 31 So. 71. They were made or done after the commission of the…
1Opinion of the CourtDowdell, C. J.
The appeal in this case is prosecuted from a judgment of conviction for grand larceny.
A demurrer was interposed to the indictment, which the coiirt properly overruled. Indeed, counsel for appellant concedes in brief that there is no merit in the *3demurrer. The defendant applied for a change of venue upon the alleged ground that he could not obtain a fair and impartial jury in the county of Marshall for his trial. On this' application evidence was offered both by the defendant and the state on affidavits and testimony of witnesses examined ore tenus. The case calls for no discussion of the law…
2Cases cited3 opinions
- Fong Yue Ting v. United StatesSupreme Court of the United States · 1893
- Bailey v. StateSupreme Court of Alabama · 1909
- Boykin v. StateSupreme Court of Alabama · 1892
3Cited by17 opinions
- Dickey v. StateAlabama Court of Appeals · 1916
- Poellnitz v. StateCourt of Criminal Appeals of Alabama · 1972
- Helms v. StateAlabama Court of Appeals · 1960
- Rupert v. StateAlabama Court of Appeals · 1969
- Latham v. StateCourt of Criminal Appeals of Alabama · 1975
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