Burks v. State
Supreme Court of Alabama
Appeal from the County Court of Macon. Tried before the Horn W. H. Hurt. The facts of this case are sufficiently showm in the opinion.
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Appeal from the County Court of Macon. Tried before the Horn W. H. Hurt. The facts of this case are sufficiently showm in the opinion. The last charge, which is referred to in the opinion, is as follows : ‘ ‘The only foundation for a verdict of guilty in this case is that the 'entire jury shall believe from the evidence beyond all reasonable doubt and to a moral certainty that the defendants are guilty as charged to the exclusion of every possibility of their innocence and reasonable doubt of their guilt; and if the prosecution has failed to furnish such measure of proof and to impress the…
1Opinion of the CourtColeman, J.
The defendant was convicted for the offense of trespass after warning. The defendant and prosecutor were tenants, respectively, of coterminous land owners. The trespass complained of — if committed — was upon a narrow strip of land adjacent to the dividing line. The evidence showed that Mrs. Walker, the landlord of the prosecutor, had been in possession of the strip of land as a part of section 32 for many years, and a portion of it was enclosed by a fence. The county surveyor ran out the lines between the parties, and located the section line a short space inside of the enclosure. The…
2Cases cited2 opinions
- Lawson v. StateSupreme Court of Alabama · 1893
- Sherman v. StateSupreme Court of Alabama · 1894
3Cited by23 opinions
- Currin v. StateCourt of Criminal Appeals of Alabama · 1988
- Irvin v. StateCourt of Criminal Appeals of Alabama · 2005
- Hayes v. StateCourt of Criminal Appeals of Alabama · 1980
- Cox v. StateCourt of Criminal Appeals of Alabama · 1991
- Pilley v. StateCourt of Criminal Appeals of Alabama · 1998
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