Branch v. State
Alabama Court of Appeals
Appeal from Shelby County Court. Heard before Hon. E. S. Lyman. Louisa Branch was convicted of adultery and she appeals. Charge A' is as follows: The court charges the jury that if any of the state’s witnesses have exhibited prejudice or anger against the defendant, and satisfied you that they have not testified truly, and are not worthy of belief, and you think their testimony should be disre- ' garded you may disregard it altogether.
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Appeal from Shelby County Court. Heard before Hon. E. S. Lyman. Louisa Branch was convicted of adultery and she appeals. Charge A' is as follows: The court charges the jury that if any of the state’s witnesses have exhibited prejudice or anger against the defendant, and satisfied you that they have not testified truly, and are not worthy of belief, and you think their testimony should be disre- ' garded you may disregard it altogether. The court erred in refusing charge A under the facts in this case. — Adams v. The State, 57 South. 591; Jackson v. The State, 57 South. 596; Naugher v. The…
1Opinion of the CourtThomas, J.
Written charge A requested by defendant and refused by the court was a correct exposition of the law. — Hammond v. State, 147 Ala. 79, 41 South. 761; Jackson v. State, 5 Ala. App. 306, 57 South. 594; Adams v. State, 175 Ala. 8, 57 South. 591; Burkett v. State, 154 Ala. 19, 45 South. 682. And we are of opinion that it was not abstract in the present case; as it was held to be under the facts in the case of Naugher v. State, 6 Ala. App. 3, 60 South. 458, and cases there cited.
The only witness for the state was a white man, and the defendant was a negro woman, who was arrested on his initiative…
2Cases cited5 opinions
- Adams v. StateSupreme Court of Alabama · 1912
- Hammond v. StateSupreme Court of Alabama · 1906
- Burkett v. StateSupreme Court of Alabama · 1908
- Jackson v. StateAlabama Court of Appeals · 1912
- Naugher v. StateAlabama Court of Appeals · 1912
3Cited by4 opinions
- Minor v. StateAlabama Court of Appeals · 1917
- McCray v. StateAlabama Court of Appeals · 1953
- McCray v. StateAlabama Court of Appeals · 1953
- Minor v. StateAlabama Court of Appeals · 1917