Kelly v. State
Supreme Court of Alabama
Appeal from Talladega City Court. Heard before Hon. G. K. Miller. Frank Kelly was convicted of murder in tbe first degree, and appeals. Tbe facts are stated in tbe opinion of tbe court.
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Appeal from Talladega City Court. Heard before Hon. G. K. Miller. Frank Kelly was convicted of murder in tbe first degree, and appeals. Tbe facts are stated in tbe opinion of tbe court. Tbe following charges were refused to tbe defendant: (6) “Before tbe jury can convict a defendant, they must be satisfied to a moral certainty, not only that tbe proof is consistent with tbe defendant’s guilt, but that it is wholly inconsistent with every other rational conclusion; and unless tbe jury are so convinced by .the evidence of tbe defendant’s guilt that they would each venture to act upon that…
1Opinion of the CourtMayfield, J.
The indictment in this case was returned on March 7, 1908. The accused was arraigned on March 17, 1908, and the trial was set for April 9th following. On the day set for trial accused moved the court for a change of venue. The application was sworn to by accused'. No affidavits were offered in support of the application, and no other evidence was offered to support the averments of the application or petition for the change of venue. The court, on motion of the solicitor, dismissed the application. On this showing we are not able to say that there Avas error in the dismission or-denial of the…
2Cases cited10 opinions
- Byers v. StateSupreme Court of Alabama · 1894
- Ross v. StateSupreme Court of Alabama · 1903
- Walker v. StateSupreme Court of Alabama · 1897
- White v. StateSupreme Court of Alabama · 1888
- Winter v. StateSupreme Court of Alabama · 1898
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Knowles v. BlueSupreme Court of Alabama · 1923
- Fikes v. StateSupreme Court of Alabama · 1955
- Gobble v. StateCourt of Criminal Appeals of Alabama · 2010
- Mobile & O. R. Co. v. WatsonSupreme Court of Alabama · 1930
- Lipscomb v. StateAlabama Court of Appeals · 1947
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