Gore v. State
Supreme Court of Alabama
Appeal from Circuit Court of Randolph. Tried before tbe Hon. John Hendebson. The defendants, Charles Gore, and America Hester, were indicted at the fall term, 1876, of said court, for “ living together in a state of adultery or fornication.”
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Appeal from Circuit Court of Randolph. Tried before tbe Hon. John Hendebson. The defendants, Charles Gore, and America Hester, were indicted at the fall term, 1876, of said court, for “ living together in a state of adultery or fornication.” The only evidence against tbe defendant, Hester, was tbe confession of Gore, made under tbe following circumstances: A witness for tbe State testified, that in tbe summer of 1876, be went to said Hester’s bouse, where be bad been called by ber to see a child of bers, which bad been accidentally burned; after looking at tbe child, be said to defendant,…
1Opinion of the CourtStone, J.
1-2. The bill of exceptions states that it contains the substance of all the evidence. If this be so, it contains no evidence authorizing a conviction of the female defendant, Hester. The sufficiency of the evidence against Gore was a question for the jury, under proper instructions. Gore’s confessions, if he made any, were not evidence against Hester. To justify a verdict of guilty in a criminal prosecution, the jury must be satisfied, from the proof, beyond a reasonable doubt, that the offense charged was committed, and within the time which the statute does not bar. And proof, showing only…
2Cited by13 opinions
- Douglas v. StateAlabama Court of Appeals · 1963
- Morris v. StateAlabama Court of Appeals · 1933
- Presnal v. StateAlabama Court of Appeals · 1930
- Bailey v. StateSupreme Court of Alabama · 1939
- Ingle v. StateCourt of Criminal Appeals of Alabama · 1982
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