Hamilton v. State
Alabama Court of Appeals
Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Joseph Hamilton was convicted of larceny, and he appeals.
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Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Joseph Hamilton was convicted of larceny, and he appeals. The following is charge 8, refused to the defendant: The court charges the jury that if Joe Hamilton was employed by Hudson & Thompson, or either of them, and that at the time he put the cheese on the wagon he did so under instruction or direction of a person over him, and that he did so openly and notoriously, then a strong presumption arises that there was no guilty intent on his part to appropriate the cheese for his own use, or to deprive the owner of the use…
1Opinion of the CourtBricken, J.
The defendant was convicted of grand larceny, and appeals. No exceptions are reserved to the rulings of the ■court on the evidence, nor was there exception to the oral charge.
The testimony elicited for the prosecution and for the defense made the case one for the jury. Charge 1, the affirmative charge, was therefore properly refused.
[1] Charge 8, refused to the defendant, was a mere argument, and there was no error in its refusal.
[2] The motion for new trial, based on newly discovered evidence, nowhere discloses that by due diligence this evidence could not have been produced upon the trial.…
2Cited by2 opinions
- Higdon v. StateAlabama Court of Appeals · 1925
- King v. West End Lumber Co.Alabama Court of Appeals · 1926