Hurd v. State
Supreme Court of Alabama
From the Circuit Court of Pike. Tried before the Hon. John P. Hubbard. The defendant in this case was indicted for the larceny of four dollars in silver from the person of John Hobdy.
Read the full summary
From the Circuit Court of Pike. Tried before the Hon. John P. Hubbard. The defendant in this case was indicted for the larceny of four dollars in silver from the person of John Hobdy. On the trial, the prosecutor testified that, on a specified night, he ■and the defendant, having been drinking with others at a barroom in Troy, left at twelve o’clock, when the house was closed, and walked away together; that he had about six dollars in his pocket, which he pulled out and showed to the defendant, who snatched four dollars of it, and ran away. The defendant, testifying for himself, denied the…
1Opinion of the CourtStone, C. J.
— It is certainly the duty of the jury, in pronouncing on issues submitted to them, to consider and weigh all the testimony in the case. This does not mean that all, or any of it, shall be believed. The law exacts no such rule as that. It must be considered, and given such weight as the manner of giving it in, its intrinsic nature, and the other testimony in the cause entitle it to. This much, and nothing-more. This the jury must and will do, as the only way of performing their highest, sworn duty of rendering a true verdict according to the evidence. And the jury would be derelict, if a…
2Cases cited2 opinions
- Carney v. StateSupreme Court of Alabama · 1885
- Street v. StateSupreme Court of Alabama · 1880
3Cited by23 opinions
- Miller v. StateSupreme Court of Alabama · 1894
- Prince v. StateSupreme Court of Alabama · 1893
- Roberson v. StateSupreme Court of Alabama · 1913
- Walker v. StateSupreme Court of Alabama · 1897
- Ragland v. StateSupreme Court of Alabama · 1939
18 more not listed; retrieve them via the Exa API.