Spigner v. State
Supreme Court of Alabama
Appeal from tbe Circuit Court of Cbilton. Tried before tbe Hon. John Hendekson. The following proceedings were had on the trial of this cause: Issue was joined on the plea of not guilty.
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Appeal from tbe Circuit Court of Cbilton. Tried before tbe Hon. John Hendekson. The following proceedings were had on the trial of this cause: Issue was joined on the plea of not guilty. George Payne, a witness for the State, testified that about the 19th day of December, 1877, he retired to bed about 9 o’clock at night; that he had about fifty dollars in his pocket; that defendant was in his employ; that before retiring he was exhibiting an old Mexican dollar, that was with the money, to his sister-in-law, who was living with witness, in full view from a room in which the defendant then was;…
1Opinion of the CourtStone, J.
The charge asked should not have been given. The testimony was not of so weak and indeterminate a character, as to require the court to pronounce its insufficiency as matter of law. Though circumstantial in all that tended to connect the defendant with the offense, it was sufficient to go before the jury to be weighed by them. . In no case should the presiding judge charge on the effect of the evidence, and pronounce it insufficient to support a verdict of guilty, unless, on conviction on such testimony, he would feel it to be his duty to set aside the verdict, as not warranted by the…
2Cases cited2 opinions
- Crim v. StateSupreme Court of Alabama · 1869
- Burch v. StateSupreme Court of Alabama · 1876
3Cited by7 opinions
- State v. WebbSupreme Court of Kansas · 1988
- Hodge v. StateSupreme Court of Florida · 1892
- McMahan v. StateAlabama Court of Appeals · 1926
- Boynton v. StateSupreme Court of Alabama · 1884
- State v. SallyOregon Supreme Court · 1902
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