Campbell v. State
Supreme Court of Alabama
Ebom tbe Circuit Court of Wilcox. Tried before tbe Hon. JOHN K. Henby. Tbe defendant in tbis case was indicted for tbe larceny of “part of an outstanding crop of corn,” wbicb was averred in tbe indictment, in tbe alternative, to be tbe property of J. H. Thompson, J. J. Morse, and W. Colton, or of a partnership composed of those three persons, or of certain persons whose names were to tbe grand jury unknown; and pleaded not guilty to tbe indictment.
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Ebom tbe Circuit Court of Wilcox. Tried before tbe Hon. JOHN K. Henby. Tbe defendant in tbis case was indicted for tbe larceny of “part of an outstanding crop of corn,” wbicb was averred in tbe indictment, in tbe alternative, to be tbe property of J. H. Thompson, J. J. Morse, and W. Colton, or of a partnership composed of those three persons, or of certain persons whose names were to tbe grand jury unknown; and pleaded not guilty to tbe indictment. On tbe trial, as appears from tbe bill of exceptions, tbe following proceedings were bad: “ Tbe State introduced one Henry Thompson as a witness,…
1Opinion of the Court
MANNING, J. —
After defendant, at the request of his counsel, had been permitted to make tracks in the saw-dust on the court-house floor, that the jury might see whether they were or not of the shape a witness for the State had described those made where the offense was committed, and those of defendant to be, the circuit judge’s remark, “that there was no evidence that defendant had walked over sawdust,” not being untrue, nor of sufficient importance to influence unduly the mind of an intelligent jury, the exception to it is not sustained.
2. It was at the option of the court to permit or not…
2Cases cited3 opinions
- Johnson v. StateSupreme Court of Alabama · 1850
- Fuller v. DeanSupreme Court of Alabama · 1858
- Gould v. MeyerSupreme Court of Alabama · 1860
3Cited by23 opinions
- Moulton v. StateSupreme Court of Alabama · 1917
- Griffin v. StateSupreme Court of Alabama · 1891
- Burns v. StateSupreme Court of Alabama · 1932
- Duke v. StateCourt of Criminal Appeals of Alabama · 2002
- Pierce v. StateCourt of Criminal Appeals of Alabama · 1973
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