Brown v. State
Alabama Court of Appeals
Appeal from Clarke Circuit Court. Heard before Hon. John T. Lackland. Dan Brown was convicted of burglary and he appeals. It was the jury’s province to determine the weight and sufficiency of the evidence, and the court properly denied the affirmative charge. — Kemp v. The State, 89 Ala. 52; Shepherd v. The State, 94 Ala'. 102.
1Opinion of the CourtPelham, J.
The general charge requested by the defendant was, in our judgment, properly refused; as being on the effect of the evidence. The commission of the offense embodied in the charge was proven without dispute or conflict in the evidence, and the jury was authorized to believe from the facts before the court that the defendant Avas guilty of burglary, the crime alleged,
The defendant’s recent possession of the goods' and the contradiction in the evidence explanatory of that possession, together Avith the evidence showing the defendant had been “hanging around” the store a short time prior to the…
2Cases cited3 opinions
- Kemp v. StateSupreme Court of Alabama · 1889
- Shepperd v. StateSupreme Court of Alabama · 1891
- Ross v. StateSupreme Court of Alabama · 1886