Webb v. State
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. 0. J. Semmes. The appellant was indicted, tried and convicted for grand larceny. The testimony for the State tended to show that the defendant was guilty as charged. The testimony for the defendant tended to show that he did not intend 'to steal the calf, for the larceny of which he was charged; but that he carried it to the market and sold it at the request of the -owner’s son.
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Appeal from the City Court of Mobile. Tried before the Hon. 0. J. Semmes. The appellant was indicted, tried and convicted for grand larceny. The testimony for the State tended to show that the defendant was guilty as charged. The testimony for the defendant tended to show that he did not intend 'to steal the calf, for the larceny of which he was charged; but that he carried it to the market and sold it at the request of the -owner’s son. There was also evidence that the defendant had a good character for honesty. In addition to the charges asked by the defendant, and to the refusal to give…
1Opinion of the CourtMcGLELLAN, J.
— The point raised by the appellant as to the sufficiency and validity of the judgment entry and sentence in the court below has been adjudged against his contention in the case of Wilkinson v. State, ante, p. 23.
*56In a given case proof of the defendant’s good character when considered alone might generate a reasonable doubt of his guilt, while the other evidence in the case would entirely remove the doubt which in the absence of it would arise on a consideration of good character. The charge on this subject refused to the defendant had a manifest tendency to mislead the jury to the conclusion…
2Cases cited11 opinions
- Gilmore v. StateSupreme Court of Alabama · 1892
- Johnson v. StateSupreme Court of Alabama · 1893
- Pate v. StateSupreme Court of Alabama · 1891
- Goldsmith v. StateSupreme Court of Alabama · 1894
- Mose v. StateSupreme Court of Alabama · 1860
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Crawford v. StateSupreme Court of Alabama · 1895
- Thornton v. StateSupreme Court of Alabama · 1896
- Mitchell v. StateSupreme Court of Alabama · 1896
- Wilson v. StateCourt of Criminal Appeals of Alabama · 1978
- Bowen v. StateSupreme Court of Alabama · 1903
10 more not listed; retrieve them via the Exa API.