Legal Opinion

Wade v. State

Alabama Court of Appeals

Decided February 10, 1920No. 4 Div. 610PublishedCited by 4 opinions

Appeal from Circuit Court, Barbour County; J. S. Williams, Judge. Minnie Wade was convicted of larceny, and she appeals. The facts, as stated in brief of counsel for appellant and borne out by the record, are as follows: ■ The defendant, Minnie Wade, appellant here, was a negro girl about 17 years of age, and was employed as house servant by Dr. and Mrs. Cornell. With them lived their daughter, Miss Florence Cornell.

Read the full summary

Appeal from Circuit Court, Barbour County; J. S. Williams, Judge. Minnie Wade was convicted of larceny, and she appeals. The facts, as stated in brief of counsel for appellant and borne out by the record, are as follows: ■ The defendant, Minnie Wade, appellant here, was a negro girl about 17 years of age, and was employed as house servant by Dr. and Mrs. Cornell. With them lived their daughter, Miss Florence Cornell. On Saturday, following Christmas day, 1917, the daughter, Miss Florence, missed a ring and a lavaliere, worth in the aggregate $500. Her attention was attracted to the loss by…

1Opinion of the CourtSamford, J.

We have examined the evidence in this case, and are of the opinion that the state failed to meet the burden of proof necessary to a conviction. The probabilities of innocence are entirely too numerous to permit the conviction to stand. Jeffries v. State, 7 Ala. App. 144, 62 South. 270; McMickens v. State, 16 Ala. App. 78, 75 South. 626.

The defendant was entitled to the general affirmative charge. For the error, the judgment is reversed, and the cau'se is' remanded.

Reversed and remanded.

2Cases cited2 opinions

  1. Jeffries v. StateAlabama Court of Appeals · 1913
  2. McMickens v. StateAlabama Court of Appeals · 1917

3Cited by4 opinions

  1. Bell v. StateAlabama Court of Appeals · 1952
  2. Mitchell v. StateAlabama Court of Appeals · 1922
  3. King v. StateAlabama Court of Appeals · 1925
  4. King v. StateAlabama Court of Appeals · 1925

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API