Montgomery v. State
Supreme Court of Alabama
Robbery. Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman. I. L. Montgomery was convicted of robbery, and he appeals. The following charges were refused to the defendant: (5) “If, after considering all the evidence in this case, you are doubtful from any part of it that the defendant did actually participate in the crime charged, it will be your duty to acquit him.”
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Robbery. Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman. I. L. Montgomery was convicted of robbery, and he appeals. The following charges were refused to the defendant: (5) “If, after considering all the evidence in this case, you are doubtful from any part of it that the defendant did actually participate in the crime charged, it will be your duty to acquit him.” (7) “The court charges the jury that if two reasonable constructions can be given to the facts proven in this case, one favorable to the defendant and the other unfavorable, it will be the duty of the jury to…
1Opinion of the CourtMayfield, J.
The defendant was indicted, jointly with one James Davis, for robbery of one Wallace Aderhold. The money taken was described in counts *161 and 2 as “one half dollar, one quarter dollar, and four dimes, in silver coinage of the U. S. A.” The third count, instead of describing the money as “silver coinage of the U. S. A.,” described it as “the silver coin of the realm, of the value of one dollar and fifteen cents.” The property, being money, was sufficiently described in each count of the indictment, and the indictment was, therefore, not subject to demurrer upon this ground. — Nevill's Case, 133…
2Cases cited7 opinions
- Rogers v. StateSupreme Court of Alabama · 1897
- Grant v. StateSupreme Court of Alabama · 1876
- Amos v. StateSupreme Court of Alabama · 1898
- People v. NelsonCalifornia Supreme Court · 1880
- Danzey v. StateSupreme Court of Alabama · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Kabase v. StateAlabama Court of Appeals · 1943
- Raines v. StateCourt of Criminal Appeals of Alabama · 1982
- Russo v. StateSupreme Court of Alabama · 1938
- Harris v. StateAlabama Court of Appeals · 1968
- Craig v. StateCourt of Criminal Appeals of Alabama · 1979
14 more not listed; retrieve them via the Exa API.