Harvey v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Barbour. Tried before the Hon. A. A. Evans. The appellant, Gabe Harvey, was indicted and tried for the murder of Lizzie Bray, was convicted of murder in the first degree and sentenced to be hanged. The only witnesses shown :by the bill of exceptions to have been examined on the- trial of the case, were State witnesses. The evidence tending to connect the defendant with the commission of the crime was -circumstantial.
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Appeal from the Circuit Court of Barbour. Tried before the Hon. A. A. Evans. The appellant, Gabe Harvey, was indicted and tried for the murder of Lizzie Bray, was convicted of murder in the first degree and sentenced to be hanged. The only witnesses shown :by the bill of exceptions to have been examined on the- trial of the case, were State witnesses. The evidence tending to connect the defendant with the commission of the crime was -circumstantial. Upon the introduction of all the evidence the defendant requested the court to give to the jury the following written charges, and separately…
1Opinion of the CourtHaralson, J.
1. The only questions needing comment in this case, arise on the refusal of the court to give the 3d and 4th charges. The 3d has been re*49cently condemned as misleading and for that reason, there was no reversible error in its refusal. — Avery v. The State, 124 Ala. 20.
2. When there is no proof on the trial of a criminal case, tending to show that the offense charged in the indictment was committed in the county where the indictment is found, it is error to refuse the affirmative charge requested by defendant in writing. — Brown v. The State, 100 Ala. 29; Randolph v. The State, Ib. 139;…
2Cases cited3 opinions
- Avery v. StateSupreme Court of Alabama · 1899
- Yeldell v. StateSupreme Court of Alabama · 1893
- Henderson v. StateSupreme Court of Alabama · 1894
3Cited by5 opinions
- Vaughn v. StateSupreme Court of Alabama · 1900
- Barnes v. StateSupreme Court of Alabama · 1901
- Boykin v. StateSupreme Court of Alabama · 1906
- Thompkins v. StateAlabama Court of Appeals · 1911
- Holder v. StateAlabama Court of Appeals · 1923