Ash v. State
Supreme Court of Alabama
Appeal from St. Clair Circuit Court. Tried before the Hon. Leroy E. Bos. The appellant was tried and convicted October 6, 1886, under an indictment, for conveying into the county jail of St. Clair county a “ horse shoe rasp,” to aid one Jasper Towns, a prisoner lawfully confined in said jail on a charge of burglary, to escape.
Read the full summary
Appeal from St. Clair Circuit Court. Tried before the Hon. Leroy E. Bos. The appellant was tried and convicted October 6, 1886, under an indictment, for conveying into the county jail of St. Clair county a “ horse shoe rasp,” to aid one Jasper Towns, a prisoner lawfully confined in said jail on a charge of burglary, to escape. The evidence showed that said Towns not only consented to and procured the act to be done, but aided and participated in it, by taking the said instrument from defendant in through a hole in the wire screen covering the window of his cell. It was also proven that George…
1Opinion of the CourtSome Nville, J.
— The defendant is indicted for conveying into the county jail an instrument, described as a horse-shoe rasp, with the intent to facilitate the escape of one Jasper Towns, a prisoner lawfully confined therein, under a charge of burglary. — Code 1876, § 4130. The evidence shows that Towns not only consented to the act, but voluntarily procured it to be done. Upon the trial of this case, Towns was introduced as a witness against the defendant, and the question is raised whether he was such an accomplice in the crime charged against the defendant, as that a conviction could not be had on his…
2Cases cited2 opinions
- Commonwealth v. BoyntonMassachusetts Supreme Judicial Court · 1874
- Bass v. StateSupreme Court of Alabama · 1861
3Cited by14 opinions
- Doss v. StateSupreme Court of Alabama · 1929
- Miller v. StateSupreme Court of Alabama · 1973
- Jacks v. StateCourt of Criminal Appeals of Alabama · 1978
- State v. DuffSupreme Court of Iowa · 1909
- Clayton v. StateAlabama Court of Appeals · 1929
9 more not listed; retrieve them via the Exa API.