Hobbs v. State
Supreme Court of Alabama
Prom the Circuit Court of Limestone. Tried before the Hon. H. C. Speaks. The indictment in this casé charged the defendant, Scott Hobbs, with the larceny of a cow, the property of James Wilson.
Read the full summary
Prom the Circuit Court of Limestone. Tried before the Hon. H. C. Speaks. The indictment in this casé charged the defendant, Scott Hobbs, with the larceny of a cow, the property of James Wilson. On the trial, as the bill of exceptions shows, issue being joined on the plea of not guilty, said Wilson testified that he lost his cow in April, 1882, and recovered her about two weeks afterwards; that the cow was unmarked when lost, and was freshly marked when recovered, a bit being cut out of the under side of the ear. Jim Mitchell, a freed man, a witness for the prosecution, testified that he knew…
1Opinion of the CourtStone, J.
— We had hoped that, in Cross v. The State, 68 Ala. 476, we expressed ourselves so clearly, as not to be misunderstood. Speaking of statements' of counsel which would be available on error, we then said: “ The ■ statement must be made as of fact/ [and] the fact stated must be unsupported by any evidence.” The language objected to in this case was manifestly uttered as an inference, and that inference we can not say was unsupported by any testimony. On the contrary, we think the inference drawn from the testimony was very reasonable and natural. We have no wish to shackle discussion, or to…
2Cases cited1 opinion
- Cross v. StateSupreme Court of Alabama · 1881
3Cited by22 opinions
- Arant v. StateSupreme Court of Alabama · 1936
- Dyer v. StateSupreme Court of Alabama · 1941
- Holloway v. StateAlabama Court of Appeals · 1952
- Kabase v. StateAlabama Court of Appeals · 1943
- Lacey v. StateAlabama Court of Appeals · 1915
17 more not listed; retrieve them via the Exa API.