Legal Opinion

Yarbrough v. State

Supreme Court of Alabama

Decided November 15, 1896PublishedCited by 13 opinions

Appeal from the Circuit Court of Limestone. Tried before the.Hon. H. C. Speaice. The appellants, Jordan Yarbrough and John Mitchell, were indicted, tried and convicted for burglary. The facts of the case are sufficiently stated in the opinion.

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Appeal from the Circuit Court of Limestone. Tried before the.Hon. H. C. Speaice. The appellants, Jordan Yarbrough and John Mitchell, were indicted, tried and convicted for burglary. The facts of the case are sufficiently stated in the opinion. In addition to the charge copied in the opinion, the defendant requested the court to give to the jury the following written charge, and separately excepted to the court’s refusal to give both this charge and the charge copied in the opinion : (2.) “I charge you that every one charged with the commission of an offense against the law is presumed to be…

1Opinion of the CourtHead, J.

Appellants were tried for burglary of a smoke-house, and convicted. The house entered belonged to Isom Malone. The burglary occurred on the night of Saturday, March 28, 1896. His testimony tended to show that twelve pieces of bacon, consisting of hams and shoulders, particularly described, were stolen ; that the next morning he followed tracks from the place of the burglary, a distance of some two miles north-west of his house; that the defendants lived on the Lucas Ferry Hoad over a mile north-east of his house ; that on the next Saturday night, a while after dark, he went to the house of…

2Cases cited1 opinion

  1. Allen v. StateSupreme Court of Alabama · 1895

3Cited by13 opinions

  1. McGuff v. StateSupreme Court of Alabama · 1946
  2. Patton v. StateSupreme Court of Alabama · 1916
  3. Armour & Co. v. CartledgeSupreme Court of Alabama · 1937
  4. Pounds v. StateAlabama Court of Appeals · 1916
  5. Dismukes v. Trivers Clothing Co.Supreme Court of Alabama · 1930

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