Randolph v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Wilcox. Tried before tbe Hon. John Moore. The defendants, William Bandolph and his wife, Penny Bandolph, were indicted and tried, jointly, for the burglary of a store bouse belonging to Francis M. Cobb. The evidence showed that the store was broken into and entered in the latter part of October or early in November 1892, and that goods were stolen therefrom.
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Appeal from the Circuit Court of Wilcox. Tried before tbe Hon. John Moore. The defendants, William Bandolph and his wife, Penny Bandolph, were indicted and tried, jointly, for the burglary of a store bouse belonging to Francis M. Cobb. The evidence showed that the store was broken into and entered in the latter part of October or early in November 1892, and that goods were stolen therefrom. At the time of the burglary the defendants resided about three quarters of a mile from the store, and a mule track and horse track were traced, the next morning after the burglary, leading along a road in…
1Opinion of the CourtMcOLELLAN, J.
William Randolph and Penny Eandolph were jointly indicted, tried and convicted of the offense of burglary of the store of one Cobb. The bill of exceptions recites that it contains substantially all uhe evidence in the case. It does not contain any evidence that the offense was committed in Wilcox coiinty. The defendant, William Eandolph, separately requested the court in writing to charge the jury “that they must acquit him if they believe the evidence.” The court erred in refusing this charge: One fact essential to guilt—the venue in Wilcox county—was not in evidence, and the effect of the…
2Cases cited5 opinions
- Malachi v. StateSupreme Court of Alabama · 1889
- Hubbard v. StateSupreme Court of Alabama · 1882
- Bain v. StateSupreme Court of Alabama · 1878
- White v. StateSupreme Court of Alabama · 1882
- Cawthorn v. StateSupreme Court of Alabama · 1879
3Cited by39 opinions
- Ex Parte GrimmettSupreme Court of Alabama · 1933
- Stone v. StateSupreme Court of Alabama · 1894
- Skumro v. StateSupreme Court of Alabama · 1936
- Smith v. StateSupreme Court of Alabama · 1935
- Britton v. StateAlabama Court of Appeals · 1917
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