Legal Opinion

Jones v. State

Supreme Court of Alabama

Decided November 15, 1894PublishedCited by 21 opinions

Appeal from the Circuit Court of Limestone. Tried before the Hon. Thomas R. Rouli-iac. The appellant was indicted with one Arnott Mills and Harry Moore for the larceny of a steer, and was tried separately, (his co-defendants having pleaded guilty), and was convicted and sentenced to the penitentiary for two years and three months. Upon the trial, the State introduced evidence tending to show that the defendant was guilty as charged in the indictment.

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Appeal from the Circuit Court of Limestone. Tried before the Hon. Thomas R. Rouli-iac. The appellant was indicted with one Arnott Mills and Harry Moore for the larceny of a steer, and was tried separately, (his co-defendants having pleaded guilty), and was convicted and sentenced to the penitentiary for two years and three months. Upon the trial, the State introduced evidence tending to show that the defendant was guilty as charged in the indictment. Among the other witnesses introduced in behalf of the State, were the wife and son of Arnott Mills, who testified that on the night' the steer…

1Opinion of the CourtBriokell, C. J.

The witnesses for the State, Ar-nett Miles and Harry Moore, on their examination in •chief, testified affirmatively, that at a former term of the circuit court when they pleaded guilty and were convicted of the larceny, they disclosed the participation of the defendant in its commission. The disclosure, they stated, ivas made in open court to the presiding judge while on the bench. The evidence of the judge then presiding, ivas in direct contradiction of the statement; he denied that they made any such statement to him, or in any way implicated the defendant in the commission of the offense,…

2Cases cited2 opinions

  1. Robb v. Hackley & WeltonNew York Supreme Court · 1840
  2. Nichols v. StewartSupreme Court of Alabama · 1852

3Cited by21 opinions

  1. State v. BlydenburgSupreme Court of Iowa · 1907
  2. Pope v. StateSupreme Court of Alabama · 1910
  3. Wesson v. StateSupreme Court of Alabama · 1939
  4. Birmingham Railway Light & Power Co. v. HayesSupreme Court of Alabama · 1907
  5. Evans v. StateAlabama Court of Appeals · 1958

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