Ex parte Acree
Supreme Court of Alabama
The petitioner in this case was indicted, jointly with a negro woman, for the murder of an infant child a few days old, which had been killed and buried, and of which the woman was supposed to be the mother.
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The petitioner in this case was indicted, jointly with a negro woman, for the murder of an infant child a few days old, which had been killed and buried, and of which the woman was supposed to be the mother. After indictment found, the petitioner applied, by petition in proper form, to the Hon. A. J. Eeetchek, probate judge of Covington county, to be admitted to bail; and on all the evidence adduced at the hearing, bail being refused by the probate judge, he now renews his application to this court, annexing to his petition a certified copy of the evidence adduced and the proceedings had…
1Opinion of the CourtStone, J.
The evidence against the petitioner is all circumstantial. It may present very suspicious circumstances, and point strongly to the accused as the guilty perpetrator, or participant in the perpetration.. It is not our intention to weaken the force of these circumstances. The humane provisions of the law are, that a prisoner, charged with a felony, should not be convicted on circumstantial evidence, unless it shows by a full measure of proof that the defendant is guilty. Such proof is always insufficient, unless it excludes, to a moral certainty, every other reasonable hypothesis, but that of…
2Cited by76 opinions
- Cumbo v. StateCourt of Criminal Appeals of Alabama · 1978
- Thomas v. StateCourt of Criminal Appeals of Alabama · 1978
- Dolvin v. StateSupreme Court of Alabama · 1980
- Wilson v. StateSupreme Court of Alabama · 1942
- Parsons v. StateSupreme Court of Alabama · 1948
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