Legal Opinion

Carter v. State

Supreme Court of Alabama

Decided January 15, 1859PublishedCited by 5 opinions

Appeal from the Circuit Court of Bibb., Tried before the Hon. Porter Kino. “ On the trial of this ease.” as the bill of exceptions; states, “ the State proved, by one Glass, that he, with the defendant and two other persons, played one or two-games at cards, in the jail of said county, at the fall term of said court, 1856; and that they commenced dealing the cards for another game.

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Appeal from the Circuit Court of Bibb., Tried before the Hon. Porter Kino. “ On the trial of this ease.” as the bill of exceptions; states, “ the State proved, by one Glass, that he, with the defendant and two other persons, played one or two-games at cards, in the jail of said county, at the fall term of said court, 1856; and that they commenced dealing the cards for another game. The defendant introduced evidence tending to show that he did not play any game at that time and place, but sat down to play the game last spoken of by the witness Glass. One of said witnesses testified, that he…

1Opinion of the Court

STONE, J.—

That part of the charge which declares, “ that the evidence of a man who was asleep a part of the time, who contradicted the witness Glass on the question of the playing of the defendant, should have no weight with ” the jury, cannot be upheld. It was an invasion of the province of the jury, who are alone the judges of the credibility and weight of the evidence. This testimony may have been weak, but it was the defendant’s right to have it weighed by the jury.—Corley v. The State, 28 Ala. *43122 ; Brown v. Mayor of Mobile, 23 Ala. 722; Hair v. Little, 28 Ala. 236.

[2.] Another part of the…

2Cases cited3 opinions

  1. Hair v. LittleSupreme Court of Alabama · 1856
  2. Brown v. Mayor of MobileSupreme Court of Alabama · 1853
  3. Corley v. StateSupreme Court of Alabama · 1856

3Cited by5 opinions

  1. Boddie v. StateSupreme Court of Alabama · 1875
  2. McBride v. SullivanSupreme Court of Alabama · 1908
  3. Perry v. StateSupreme Court of Alabama · 1884
  4. Singer Manufacturing Co. v. GreenleafSupreme Court of Alabama · 1893
  5. Farley v. StateSupreme Court of Alabama · 1882

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