Autrey v. State
Alabama Court of Appeals
Appeal from Monroe Circuit Court. Heard before Hon. Ben D. Turner. Matthew Autrey was convicted of larceny, and appeals. The evidence tended to show that Matthew Autrey, Frank Smith, and others were engaged in a game of “skin,” and that Matthew Autrey became broke, and, drawing his pistol, pointed it at Smith’s head and forced him to lay down on the bench near by $4 in silver, which defendant took and carried away.
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Appeal from Monroe Circuit Court. Heard before Hon. Ben D. Turner. Matthew Autrey was convicted of larceny, and appeals. The evidence tended to show that Matthew Autrey, Frank Smith, and others were engaged in a game of “skin,” and that Matthew Autrey became broke, and, drawing his pistol, pointed it at Smith’s head and forced him to lay down on the bench near by $4 in silver, which defendant took and carried away. Defendant’s testimony tended to show that he had $4 in his pocket, and that after the game he went to sleep, and while asleep Smith stole $4 from him, and, on awakening and…
1Opinion of the CourtPelham, P. J.
Refused charge No. 1 requested in behalf of the defendant (the general charge) was properly refused as the evidence set out in the bill of exceptions shows that the ques tion of the defendant’s guilt of the greater offense charged against him, or of one of the lesser offenses included, was for the jury.(1) Charge No. 11 was substantially covered by the written charges given at the request of the defendant and the oral charge of the’court.(2) Charge E is misleading and in part abstract as applied to the facts, and was well refused.(3) Charge R predicates a finding by the jury on a knowledge of…
2Cases cited3 opinions
- Danzey v. StateSupreme Court of Alabama · 1899
- Rambo v. StateSupreme Court of Alabama · 1901
- Smith v. StateAlabama Court of Appeals · 1914
3Cited by5 opinions
- Wallace v. StateSupreme Court of Alabama · 1973
- Jones v. StateCourt of Criminal Appeals of Alabama · 1975
- Twitty v. StateCourt of Criminal Appeals of Alabama · 1973
- Harris v. StateAlabama Court of Appeals · 1969
- Wallace v. StateSupreme Court of Alabama · 1973