Green v. State
Supreme Court of Alabama
Fkom the Circuit Court of Chilton. Tried before the Hon. James E. Cobb. The indictment in this case charged that the defendant, Alex.
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Fkom the Circuit Court of Chilton. Tried before the Hon. James E. Cobb. The indictment in this case charged that the defendant, Alex. Green, “ with the intent to steal, did break into and enter the store of Lawson J. Hand, George W. Paine, and Aaron K. Evans, in which goods or merchandise were, at the time of such breaking and entering, kept' for use, sale, or deposit; and did feloniously take and .carry away one pair of pants, of the value of five dollars, fifty yards of worsted cloth, of the value of fifteen dollars, one pair of gloves, of the value of one dollar, and of the aggregate value…
1Opinion of the CourtBrickell, C. J.
Assuming the sufficiency of the indictment, and that it includes a charge of burglary and of larceny, of either of which a conviction could be had prop*541erly, the burden of proving the facts constituting either offense, it is not a mere truism to say, rested upon the State. If there was no proof baying a fair, legitimate, reasonable tendency to prove that either offense had been committed, or, if‘either offense had been committed, connecting the accused with its commission, the court, on the written request of the accused, was bound so to instruct the jury. The statute, applicable to civil and…
2Cases cited1 opinion
- Walker v. StateSupreme Court of Alabama · 1879
3Cited by18 opinions
- Talbert v. StateSupreme Court of Alabama · 1898
- Farzley v. StateSupreme Court of Alabama · 1935
- Johnson v. StateSupreme Court of Alabama · 1883
- Brandies v. StateAlabama Court of Appeals · 1968
- Goolsby v. StateSupreme Court of Alabama · 1925
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