James v. State
Supreme Court of Alabama
Appeal from tlie Circuit Court of Bibb. Tried before the Hon. John Moose. The appellants were indicted, tried and convicted of robbery. The facts pertaining to the rulings of the trial court upon the evidence are sufficiently stated in the opinion. The defendants set up the defense of an alibi, which their evidence tended to prove.
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Appeal from tlie Circuit Court of Bibb. Tried before the Hon. John Moose. The appellants were indicted, tried and convicted of robbery. The facts pertaining to the rulings of the trial court upon the evidence are sufficiently stated in the opinion. The defendants set up the defense of an alibi, which their evidence tended to prove. Among the charges requested by the defendants, to the refusal to give each of which they separately excepted, were the following: (2.) “Proof tending to establish an alibi, though not clear, may nevertheless with other facts of the case, raise doubt enough to…
1Opinion of the Court
PEN CURIAM.
The appellants were indicted and convicted of robbery. On the trial one James Bowling, who had pleaded guilty and was not on trial at the time, was examined as a witness for the State. The evidence of this witness tended to show the guilt of the defendants, and that he was an accomplice in the commission of the offense. Against the objection of the defendants, the solicitor was permitted to prove a conversation between him and the witness, had in the absence of the defendants and without their knowledge. This was purely hearsay evidence and its admission clearly erroneous and…
2Cases cited8 opinions
- Duvall v. StateSupreme Court of Alabama · 1879
- Green v. StateSupreme Court of Alabama · 1892
- Henson v. StateSupreme Court of Alabama · 1895
- Albritton v. StateSupreme Court of Alabama · 1891
- Wells v. StateSupreme Court of Alabama · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Smith v. StateSupreme Court of Alabama · 1904
- Brown v. StateSupreme Court of Alabama · 1898
- Canty v. StateSupreme Court of Alabama · 1939
- DeFranze v. StateCourt of Criminal Appeals of Alabama · 1970
- Sanders v. StateSupreme Court of Alabama · 1972
26 more not listed; retrieve them via the Exa API.