Armistead v. State
Supreme Court of Alabama
Appeal from tbe Circuit Court of Montgomery. Tried before tbe Hon. James Q. Smith. The indictment in tbis case, which was found on tbe 30th day of November, 1865, charged, that before tbe finding thereof, “ Henry Armistead feloneously stole, took, and carried away, one bale of cotton of the value of $200, the property of Wm. Edwards,” &c., &c.
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Appeal from tbe Circuit Court of Montgomery. Tried before tbe Hon. James Q. Smith. The indictment in tbis case, which was found on tbe 30th day of November, 1865, charged, that before tbe finding thereof, “ Henry Armistead feloneously stole, took, and carried away, one bale of cotton of the value of $200, the property of Wm. Edwards,” &c., &c. A trial was had on the indictment, at the January term, 1869, of the circuit court, and the defendant was found guilty, and sentenced to two years imprisonment in the penitentiary. The defendant reserved a bill of exceptions; so much thereof, as is…
1Opinion of the Court
PECK, O. J.
1. The charge asked should have been given. The State was bound to prove the offense charged, was committed, if committed at all, before the finding of the indictment.
Was the evidence, as to this question so certain, positive and credible, as necessarily to exclude all' doubt from the minds of the jury? We think not. Whatever effect it may have had upon the mind of the judge who tried the cause, it was not a question for his determination; the jury alone could properly decide it. Therefore, the court should have given the charge asked, and left the question with the jury, to be…
2Cited by5 opinions
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