Martin v. State
Supreme Court of Alabama
Appeal from Hale Circuit Court. Tried before Hon. George H. Craig. The appellant, Frank Martin, was tried and convicted of an escape from hard labor, to which he had been sentenced. On the trial, the State introduced the record of his former conviction and sentence, for burglary, to hard labor for the county, for the term of two years and a sufficient length of time, in addition, to pay the costs.
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Appeal from Hale Circuit Court. Tried before Hon. George H. Craig. The appellant, Frank Martin, was tried and convicted of an escape from hard labor, to which he had been sentenced. On the trial, the State introduced the record of his former conviction and sentence, for burglary, to hard labor for the county, for the term of two years and a sufficient length of time, in addition, to pay the costs. The State also introduced the records of the Commissioners’ Court, and the clerk of said court, as a witness, to prove that the defendant was turned over to the superintendent of hard labor for the…
1Opinion of the CourtBrickell, C. J.
A demurrer to evidence, is a declaration of record by the party making it, that be will not proceed further, because the evidence given by his adversary is insufficient to maintain bis cause of action, or tbe matter of bis defense, and is analagous to a demurrer in pleading. Tbe effect of it is now declared by the statute, as it had been declared on common law principles by tbis court in numerous decisions. — 1 Brick. Dig. 883, § 1146. Tbe words of the statute are: “ Tbe effect of a demurrer to evidence, is an admission by tbe party demurring, of tbe truth of the evidence demurred to, and of…
2Cases cited5 opinions
- Brister v. StateSupreme Court of Alabama · 1855
- Williams v. McConicoSupreme Court of Alabama · 1855
- T. & W. Brandon v. Planters & Merchants' Bank of HuntsvilleSupreme Court of Alabama · 1828
- Shaw v. WhiteSupreme Court of Alabama · 1856
- Alexander v. FitzpatrickSupreme Court of Alabama · 1837
3Cited by14 opinions
- Ex Parte GrimmettSupreme Court of Alabama · 1933
- City of Birmingham v. WillsSupreme Court of Alabama · 1912
- Noel v. StateSupreme Court of Alabama · 1909
- Mobile Light & Railroad Co. v. PortissSupreme Court of Alabama · 1915
- Thomas v. StateAlabama Court of Appeals · 1960
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