Newell v. State
Alabama Court of Appeals
Appeal from City Court of Selma; J. B. Evans, Judge. Rufe Newell was convicted of murder in the second degree, and he appeals. The defendant was indicted for murder in the first degree, was convicted of murder in the second degree, and from the judgment appeals.
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Appeal from City Court of Selma; J. B. Evans, Judge. Rufe Newell was convicted of murder in the second degree, and he appeals. The defendant was indicted for murder in the first degree, was convicted of murder in the second degree, and from the judgment appeals. The facts necessary to a decision are as follows: On a Sunday evening in May, about dusk and after, defendant and deceased were seen in company of each other near the place where the murder is supposed to have been committed. About 8 o’clock Sunday night a single shot was heard and testified to by several witnesses; the shot being…
1Opinion of the CourtSamford, J.
This conviction is based entirely on circumstantial evidence; and while circumstantial evidence is just as potent as positive evidence, every circumstance tending to connect the defendant with the crime must' be connected with the defendant.
[1, 2] One of the strongest circumstances in this case is the evidence of the tracks,' their peculiarity and proximity to the scene of the crime; but, before the defendant can be connected with shoes that could have made those tracks, something more must be shown than that shoes that could have made the tracks were given to the sheriff by defendant’s…
2Cases cited2 opinions
- Pickens v. StateSupreme Court of Alabama · 1896
- Ott v. StateSupreme Court of Alabama · 1909
3Cited by10 opinions
- Gibson v. StateCourt of Criminal Appeals of Alabama · 1977
- Ex Parte HillSupreme Court of Alabama · 1924
- Tatum v. StateAlabama Court of Appeals · 1924
- Commander v. StateAlabama Court of Appeals · 1938
- McMickens v. StateAlabama Court of Appeals · 1917
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