Patrick v. State
Alabama Court of Appeals
Appeal from Circuit Court, Mobile County; Saffold Berney, Judge. Mamie Patrick was convicted of arson, and she appealed.
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Appeal from Circuit Court, Mobile County; Saffold Berney, Judge. Mamie Patrick was convicted of arson, and she appealed. There must be prima facie proof of a conspiracy before other evidence is admissible. 74 Ala. 16. The court erred in not sustaining objection to the remark of counsel for the state. 87 Ala. 14, 6 South. 296; 104 Ala. 472, 16 South. 638; 110 Ala. 48, 20 South. 468. The court committed error in its oral charge. 146 Ala. 66, 41 South. 282.' The evideuce did not make out a case against the defendant, and she was entitled to the affirmative charge. 113 Ala. 102, 21 South. 404.…
1Opinion of the CourtMerritt, J.
The appellant, together with her son, Joe Saffren, was indicted for arson in the first degree. She demanded a severance, which was granted, and upon her trial was convicted and sentenced to the penitentiary for a term of 10 years.
[1] The bill of exceptions does not contain a recital that it contains all or substantially all of the evidence offered in the case. Any state of the evidence will therefore be presumed to uphold the rulings as to the evidence or charges requested. Terry v. State, 17 Ala. App. 527, 86 South. 127.
[2] The testimony of the -witness Lee as to how much of the house was…
2Cases cited8 opinions
- Smith v. StateAlabama Court of Appeals · 1913
- Shriner v. MeyerSupreme Court of Alabama · 1911
- Central of Ga. Ry. Co. v. Chicago Varnish Co.Supreme Court of Alabama · 1910
- Alabama City, Gadsden & Attalla Railway Co. v. BullardSupreme Court of Alabama · 1908
- May v. StateAlabama Court of Appeals · 1918
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3Cited by6 opinions
- Girard Et Ux. v. Vt. Mut. Fire Ins. Co.Supreme Court of Vermont · 1931
- National Ben Franklin Fire Ins. v. StuckeyCourt of Appeals for the Fifth Circuit · 1935
- Atchley v. StateAlabama Court of Appeals · 1927
- Lee v. StateAlabama Court of Appeals · 1938
- Davidson v. StateSupreme Court of Alabama · 1924
1 more not listed; retrieve them via the Exa API.