Legal Opinion

Scott v. State

Alabama Court of Appeals

Decided March 20, 1928No. 7 Div. 421PublishedCited by 7 opinions

1Opinion of the CourtBrickbn, P. J.

Before a conviction can be had and sustained for the offense of burglary, there must be evidence (1) to establish the corpus delicti (that is to say, in the instant case, in order to establish the corpus delicti of the crime charged, the evidence must show, under the required measure of proof, that some one with intent to steal, l>rohe into and entered the dwelling house of Mrs. Homer Lanford); (2) the evidence must show beyond a reasonable doubt and to a moral certainty that the accused was the identical person who committed the act complained of.

As to the first proposition (1), but one…

2Cases cited6 opinions

  1. Pickens v. StateSupreme Court of Alabama · 1896
  2. Sanford v. StateSupreme Court of Alabama · 1904
  3. Green v. StateSupreme Court of Alabama · 1881
  4. Green v. StateAlabama Court of Appeals · 1925
  5. Mancil v. StateAlabama Court of Appeals · 1925

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

3Cited by7 opinions

  1. McClendon v. StateCourt of Criminal Appeals of Alabama · 1976
  2. Sauls v. StateAlabama Court of Appeals · 1940
  3. Russell v. StateAlabama Court of Appeals · 1951
  4. Pate v. StateAlabama Court of Appeals · 1964
  5. Stehl v. StateSupreme Court of Alabama · 1968

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

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