Legal Opinion

Jones v. State

Alabama Court of Appeals

Decided April 12, 1921No. 8 Div. 824PublishedCited by 14 opinions

Appeal from Circuit Court, Franklin County; C. P. Almon. Judge. Andrew Jones was .convicted of owning a still, and he appeals. Counsel bases his argument that the affirmative charge should have been given, first, upon the proposition that the evidence was insufficient; and, second, upon the proposition that the federal court alone had jurisdiction, to which last proposition he cites the following cases: 204 Ala. 429, 85 South. 729; 16 Ala.

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Appeal from Circuit Court, Franklin County; C. P. Almon. Judge. Andrew Jones was .convicted of owning a still, and he appeals. Counsel bases his argument that the affirmative charge should have been given, first, upon the proposition that the evidence was insufficient; and, second, upon the proposition that the federal court alone had jurisdiction, to which last proposition he cites the following cases: 204 Ala. 429, 85 South. 729; 16 Ala. App. 199, 76 South. 505; 223 U. S. 1, 32 Sup. Ct. 169, 56 L. Ed. 327, 38 L. R. A. (N. S.) 44; 118 U. S. 455, 6 Sup. Ct. 1114, 30 L. Ed. 237; 4 Wheat. 416,…

1Opinion of the CourtBricken, P. J.

The court charged the jury as follows:

“Now, gentlemen, this is a ease of what is known as circumstantial evidence; no party having testified that he saw the defendant making or manufacturing, or engaging in making or manufacturing, spirituous, vinous, or malt liquors. Now cases of circumstantial evidence do not require a higher degree of proof than cases of.positive testimony. The test is, not that the circumstances be as strong as the testimony of one or more eyewitness, but the test is, Do the circumstances produce a conviction of guilt in the minds of the jury to a moral eer'tainty?”

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2Cases cited3 opinions

  1. Pickens v. StateSupreme Court of Alabama · 1896
  2. Newell v. StateAlabama Court of Appeals · 1917
  3. Ewing v. StateAlabama Court of Appeals · 1921

3Cited by14 opinions

  1. Ex Parte HillSupreme Court of Alabama · 1924
  2. Tatum v. StateAlabama Court of Appeals · 1924
  3. Powell v. StateAlabama Court of Appeals · 1921
  4. Crafts v. StateCourt of Criminal Appeals of Alabama · 1983
  5. Thomas v. StateAlabama Court of Appeals · 1923

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