Churchwell v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Geneva. Tried before the Hon. J-.- W. Foster. The appellant was tried and convicted under the following indictment: “The grand jury of said county charge that before the finding of this indictment-Webb Ohurchwell feloniously took and carried away from the dwelling house of Sophia Terry, one trunk of the value of two dollars, the personal property of Sophia Terry, against the peace and dignity of the State of Alabama.”
Read the full summary
Appeal from the Circuit Court of Geneva. Tried before the Hon. J-.- W. Foster. The appellant was tried and convicted under the following indictment: “The grand jury of said county charge that before the finding of this indictment-Webb Ohurchwell feloniously took and carried away from the dwelling house of Sophia Terry, one trunk of the value of two dollars, the personal property of Sophia Terry, against the peace and dignity of the State of Alabama.” To this indictment the defendant demurred, upon the ground that the property alleged to have been stolen was not sufficiently described therein.…
1Opinion of the CourtHaralson, J.
1. The demurrer to the indictment, on the ground that the property stolen was not sufficiently described, was properly overruled.
2. The general rule in respect to the relevancy of eviidence is, that it must be confined to the points in issue. It is not unfrequently difficult to determine'when a fact is too remote to aid the. jury in arriving at a proper conclusion under the issues. “But it maybe said generally, that all parts of one continuous transaction, though not shown to have had any .immediate connection with the offense, — the culmination of all the circumstances and facts, proximate…
2Cases cited2 opinions
- Jordan v. StateSupreme Court of Alabama · 1886
- Horn v. StateSupreme Court of Alabama · 1893
3Cited by20 opinions
- Cole v. StateCourt of Criminal Appeals of Oklahoma · 1921
- Williams v. StateSupreme Court of Alabama · 1906
- Viberg v. StateSupreme Court of Alabama · 1902
- Jackson v. StateSupreme Court of Alabama · 1902
- Hamilton v. StateSupreme Court of Alabama · 1906
15 more not listed; retrieve them via the Exa API.