Colquitt v. State
Supreme Court of Alabama
Appeal from Circuit Court of Coffee. Tried before Hon. Henry D. Clayton. The appellant was indicted, tried, and convicted for the larceny of a hog.
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Appeal from Circuit Court of Coffee. Tried before Hon. Henry D. Clayton. The appellant was indicted, tried, and convicted for the larceny of a hog. On the trial, the State introduced a witness, who testified, that about the middle of November, 1877, he went with one Harper to a field in which Harper had put his hogs to fatten; that they missed from said field a small white hog; that they made diligent search for said hog, and could neither find it, or any place where it could have gotten out. They went • to defendant’s house, and found him absent. They stated to his wife that they had “ lost…
1Opinion of the CourtManning, J.
We can not say that there was any error in the refusal of the judge to discharge the prisoner, after the evidence had been all given in, on the ground that it did *52not prove the corpus delicti, as it is called, and was not sufficient to put him on his defense. Nor was the motion consistent with the course pursued on defendant’s behalf. Witnesses were previously introduced by and examined for him, of course, upon the assumption, that this was made requisite by the testimony against him, on the part of the State. How much credit was due to defendant’s witnesses, it was for the jury before whom…
2Cited by6 opinions
- Ryan v. StateSupreme Court of Alabama · 1893
- Mason v. StateIndiana Supreme Court · 1908
- Hubbard v. StateAlabama Court of Appeals · 1950
- Smith v. StateAlabama Court of Appeals · 1924
- James v. StateAlabama Court of Appeals · 1913
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