Legal Opinion

Myers v. State

Supreme Court of Alabama

Decided December 15, 1878PublishedCited by 21 opinions

Appeal from Russell Circuit Court, Tried before Hon. W, B. Wood, The appellant, ’Squire Myers, was indicted for the murder of one George Boykin.

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Appeal from Russell Circuit Court, Tried before Hon. W, B. Wood, The appellant, ’Squire Myers, was indicted for the murder of one George Boykin. On the trial, it was shown that on the day before the killing, the accused and the deceased, in company with others, were at the boat landing at Bluffton, on the Georgia side of the Chattahoochee river; that deceased told accused that he could not ride in his boat unless he paid him a nickel which he already owed him ; that defendant told deceased that he would not pay him the nickel, and would kill him- on any part of the ground he could find him.…

1Opinion of the CourtStone, J.

The credibility of evidence, legal and pertinent to the issue, is clearly a question for the jury. True, the court may and should lay down rules for weighing testimony in proper cases. It can go no farther. "When testimony tends to elucidate any material matter of contestation in the trial, is not too remote, and is not introduced for the purpose of supplying an analogy in argument, it must be received, and its weight considered by the jury. Neither the Circuit Court nor this court can pronounce such testimony worthless or unavailing. The evidence in the present record tends to show the…

2Cases cited8 opinions

  1. Eiland v. StateSupreme Court of Alabama · 1875
  2. People v. ScogginsCalifornia Supreme Court · 1869
  3. Ex parte NettlesSupreme Court of Alabama · 1877
  4. State v. SloanSupreme Court of Missouri · 1871
  5. Lewis v. StateSupreme Court of Alabama · 1874

3 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Garner v. StateSupreme Court of Florida · 1891
  2. Storey v. StateSupreme Court of Alabama · 1882
  3. Lovett v. StateSupreme Court of Florida · 1892
  4. Roberts v. StateSupreme Court of Alabama · 1880
  5. Bluett v. StateSupreme Court of Alabama · 1907

16 more not listed; retrieve them via the Exa API.

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