Martin v. State
Supreme Court of Alabama
■Appeal from tlie County Court of I/awrence. Tried before the Hon. J. C. Kempe. The appellant in this case was tried under an indictment which charged that he “feloniously took and carried away one hundred and twenty pounds of meat consisting of seven middlings of the value of twelve dollars, the personal property of Sarah Moon,” etc.
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■Appeal from tlie County Court of I/awrence. Tried before the Hon. J. C. Kempe. The appellant in this case was tried under an indictment which charged that he “feloniously took and carried away one hundred and twenty pounds of meat consisting of seven middlings of the value of twelve dollars, the personal property of Sarah Moon,” etc. When the case was called for trial and the State’s solicitor had announced ready, the defendant made known to the court that the subpoenas for all. his witnesses had been duly returned executed, but that three of his witnesses had not appeared, and that,…
1Opinion of the CourtTyson, J.
During the progress of the trial the defendant moved to exclude the testimony offered to- show possession by him of some of the meat alleged to have been stolen, upon the ground that the corpus delicti had not been proved; also objections were made to the introduction of such testimony upon the same ground, which motions and objections were overruled. The affirmative charge was also requested by defendant upon the same theory, which was refused. In these several rulings, the court committed no error. The corpios delicti is a fact, proof of which may be made by circumstantial evidence. If…
2Cases cited12 opinions
- Stephens v. . the PeopleNew York Court of Appeals · 1859
- Moss v. StateSupreme Court of Alabama · 1868
- West v. StateWisconsin Supreme Court · 1853
- Birmingham Railway & Electric Co. v. WildmanSupreme Court of Alabama · 1898
- Davis v. StateSupreme Court of Alabama · 1890
7 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Dolvin v. StateSupreme Court of Alabama · 1980
- McDowell v. StateSupreme Court of Alabama · 1939
- Pittman v. StateSupreme Court of Florida · 1906
- Warren v. StateSupreme Court of Alabama · 1973
- Castleberry v. StateCourt of Criminal Appeals of Oklahoma · 1914
37 more not listed; retrieve them via the Exa API.