Benjamin v. State
Alabama Court of Appeals
Larceny. Appeal from Montgomery City Court. Heard before Hon. Armstead Brown. Clem Benjamin was convicted of grand larceny, and be appeals. The facts sufficiently appear. The following is charge 9: The jury should not convict defendant without a reasonable belief of his guilt, and even such reasonable belief might not be sufficiently strong to exclude a reasonable doubt to the contrary.
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Larceny. Appeal from Montgomery City Court. Heard before Hon. Armstead Brown. Clem Benjamin was convicted of grand larceny, and be appeals. The facts sufficiently appear. The following is charge 9: The jury should not convict defendant without a reasonable belief of his guilt, and even such reasonable belief might not be sufficiently strong to exclude a reasonable doubt to the contrary. It is admitted that the court was in error in permitting testimony of declarations of a third party not made in the presence of the defendant,' but it is insisted that the error wras cured by the court’s…
1Opinion of the CourtThomas, J.
Defendant was convicted of grand larceny, and on appeal bis counsel urge that tbe lower court committed error in tbe admission of evidence, in two particulars, and in refusing written charges 9 and 12.
Clearly, tbe court was, as is first insisted, in error in permitting tbe state’s witness Sims to testify that some one told bim (witness) over tbe pbone that: “There is I am sure be has stolen them and is trying to dispose of talking was a police officer, and that the defendant bad them. If I turn tbe negro up, will you pay us for it?”
Tbe court was probably led into tbe error of admitting this…
2Cases cited8 opinions
- Mitchell v. StateSupreme Court of Alabama · 1891
- Jones v. StateSupreme Court of Alabama · 1891
- Moore v. StateAlabama Court of Appeals · 1915
- Spivey v. StateSupreme Court of Alabama · 1855
- Watson v. StateSupreme Court of Alabama · 1879
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3Cited by5 opinions
- Bell v. StateCourt of Criminal Appeals of Alabama · 1978
- Hamlett v. StateAlabama Court of Appeals · 1923
- State v. O'DELLMissouri Court of Appeals · 1983
- Marquis Durrell Jennings v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2015
- Flowers v. StateAlabama Court of Appeals · 1944