Legal Opinion

Toles v. State

Supreme Court of Alabama

Decided February 9, 1911PublishedCited by 22 opinions

Appeal from Crenshaw Circuit Court. Heard before Hon. A. E. Gamble. Cleveland Toles was convicted of assault with intent tó rape, and he appeals. The court erred in the admission vof evidence objected to, and in refusing the requested charges. — Thomas v. The State, 133 Ala. 139; Hunter v. The State, 112 Ala. 9; MeAnnially v. The State, 74 Ala. 77; Bushy v. The State, 77 Ala. 66; 1 Mayfield, 333.

1Opinion of the CourtSomerville, J.

Tbe defendant was convicted of assault with intent to ravish. When the state rested its case, he elected to introduce no evidence in his own behalf, and asked in writing the general affirmative charge for acquittal, which was refused by the court. We do not undertake to here review the evidence, which we have considered with studious care. Suffice it to say that there was some evidence from, which inferences might have been drawn by the jury unfavorable to the innocence of the accused. We regard this evidence as weak, inconclusive, and unsatisfactory, and we marvel that a jury would convict…

2Cases cited2 opinions

  1. State ex rel. Brown v. Town of WestportSupreme Court of Missouri · 1893
  2. State v. YandleSupreme Court of Missouri · 1902

3Cited by22 opinions

  1. Thomas v. StateCourt of Criminal Appeals of Alabama · 1978
  2. Pope v. StateSupreme Court of Alabama · 1911
  3. Cox v. StateCourt of Criminal Appeals of Alabama · 1991
  4. Benton v. StateCourt of Criminal Appeals of Alabama · 1988
  5. Carr v. StateCourt of Criminal Appeals of Alabama · 1994

17 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API