Darden v. State
Alabama Court of Appeals
Burglary. Appeal from Dallas Circuit Court. Heard before Hon. B. M. Millek. Joe Darden and W. H. Daniels were convicted of burglary, and they appeal.
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Burglary. Appeal from Dallas Circuit Court. Heard before Hon. B. M. Millek. Joe Darden and W. H. Daniels were convicted of burglary, and they appeal. The state introduced Percy Smoke stepson of Joe Dar-den, who testified that he is a little over seven years of age and under eight years, and he was permitted to testify that Joe Darden and Daniels woke him up one night after he had gone to bed and made him go with ■them to Carson’s store, where they prized the bars apart, and put him through them and told him to go in and open the door, and that he did so, and they made him close the door after…
1Opinion of the CourtBrown, J.
An infant under the age of 7 years is conclusively presumed to be incapable of committing crime, and can in no event be held responsible (Allen v. United States, 150 U. S. 551, 14 Sup. Ct. 196, 37 L. Ed. 1179; Marsh v. Loader, 14 C. B. N. S. 535; 22 Cyc. 623), while one between 7 and 14 in the absence of proof of capacity, is presumed to be incapable of com*167mitting crime (McCormack v. State, 102 Ala. 156, 15 South. 438; Martin v. State, 90 Ala. 602, 8 South. 858, 24 Am. St. Rep. 844; Godfrey v. State, 31 Ala. 323, 70 Am. Dec. 494) ; and the burden of proving that an infant between the ages of…
2Cases cited11 opinions
- Ross v. StateSupreme Court of Alabama · 1883
- Childress v. StateSupreme Court of Alabama · 1888
- Allen v. United StatesSupreme Court of the United States · 1893
- Martin v. StateSupreme Court of Alabama · 1891
- McCormack v. StateSupreme Court of Alabama · 1893
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Burton v. StateCourt of Criminal Appeals of Alabama · 1993
- Jacks v. StateCourt of Criminal Appeals of Alabama · 1978
- Brownlee v. StateCourt of Criminal Appeals of Alabama · 1988
- Horn v. StateAlabama Court of Appeals · 1916
- LaBryer v. StateAlabama Court of Appeals · 1969
14 more not listed; retrieve them via the Exa API.