Felder v. State
Alabama Court of Appeals
Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Bessie Felder was convicted of larceny, and she appeals. The confession was not voluntary, and should not have been admitted. 39 Ala- 359; 63 Ala. 1; 59 Ala. 37; 179 Ala. 27, 60 South. 908. Under Acts 1915 p. 588, § 14, no act or confession of a child is evidence against it, nor is its silence, when questioned or accused, evidence against it.
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Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Bessie Felder was convicted of larceny, and she appeals. The confession was not voluntary, and should not have been admitted. 39 Ala- 359; 63 Ala. 1; 59 Ala. 37; 179 Ala. 27, 60 South. 908. Under Acts 1915 p. 588, § 14, no act or confession of a child is evidence against it, nor is its silence, when questioned or accused, evidence against it. This changes the rule of law that possession of recently stolen goods casts upon the' possessor the burden of explaining possession. 167 Ala. 73, 52 South. 659.
1Opinion of the CourtMerritt, J.
On October 24, 1919, Bessie Felder was indicted by the grand jury of Montgomery county for the offense of grand larceny, the taking and carrying away of one ring of the value of $350. On the trial under this indictment, she was convicted and sentenced to the penitentiary for an indeterminate term of from one year and one day to one year and a half.
[1-3] It appears, among other things, that when the defendant was sentenced the court ascertained that she was about 15 years of age, this also being shown by the uncontradicted evidence in the case. There were only three witnesses, the owner of the…
2Cases cited4 opinions
- Godau v. StateSupreme Court of Alabama · 1913
- Murphy v. StateSupreme Court of Alabama · 1879
- Dinah v. StateSupreme Court of Alabama · 1864
- Hampton v. StateSupreme Court of Alabama · 1910
3Cited by6 opinions
- Wissenburg v. BradleySupreme Court of Iowa · 1929
- State v. ShawArizona Supreme Court · 1963
- Dixon v. StateCourt of Criminal Appeals of Alabama · 1990
- Cobb v. StateAlabama Court of Appeals · 1920
- State v. ShawArizona Supreme Court · 1963
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