Harper v. State
Alabama Court of Appeals
Appeal from Limestone Circuit Court. Heard before Hon. D. W. Speake. Wilmer Harper was convicted of grand larceny, and be appeals. Defendant was accused of taking |135 from C. H. Robinson while he was asleep. Said Robinson testified: That he was drinking, and was ont at the fair grounds in Athens, when defendant said to him: “Let’s go take a dope; it will help you.” That Sam Black said to witness: “Cive your money to your wife to keep.”
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Appeal from Limestone Circuit Court. Heard before Hon. D. W. Speake. Wilmer Harper was convicted of grand larceny, and be appeals. Defendant was accused of taking |135 from C. H. Robinson while he was asleep. Said Robinson testified: That he was drinking, and was ont at the fair grounds in Athens, when defendant said to him: “Let’s go take a dope; it will help you.” That Sam Black said to witness: “Cive your money to your wife to keep.” And defendant said: “Do not give your money to anybody; keep it yourself.” That after defendant and witness had taken a drink, defendant said to witness: “The…
1Opinion of the CourtPelham, J.
— No exception is shoAvn to have been' reserved to the ruling of the court on any matter of evidence, and the only questions presented by the record are the refused charges.
The evidence is in conflict, and the general charge requested by the defendant could not properly have been given. It is not within the province of the court to direct the verdict under such circumstances. — Wright v. State, 156 Ala. 108, 47 South. 201.
Charges B and D are abstract as applied to the facts of the case. — Shelton v. State, 144 Ala. 160, 42 South. 30; Handy v. State, 121 Ala. 13, 25 South. 1023. These charges…
2Cases cited9 opinions
- Shelton v. StateSupreme Court of Alabama · 1905
- Hill v. StateSupreme Court of Alabama · 1908
- Handy v. StateSupreme Court of Alabama · 1898
- Atlanta & Birmingham Air Line Railway v. WheelerSupreme Court of Alabama · 1908
- Wright v. StateSupreme Court of Alabama · 1908
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3Cited by2 opinions
- Edge v. StateAlabama Court of Appeals · 1951
- Osborn v. StateSupreme Court of Alabama · 1917