Jackson v. State
Supreme Court of Alabama
Appeal from City Court of Montgomery. Tried before Hon. John A. Minnis. The appellant, Ben Jackson,' and; one Jack Falkner, were indicted and convicted for larceny of cottoú, “ part of an' outstanding crop.”
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Appeal from City Court of Montgomery. Tried before Hon. John A. Minnis. The appellant, Ben Jackson,' and; one Jack Falkner, were indicted and convicted for larceny of cottoú, “ part of an' outstanding crop.” On the trial a witness testified, that “ about 11 o’clock at night, he and others who were guarding a crop, some three miles from the residence of the prosecutor Hails, and saw the prisoners coming along the line of the Montgomery and Eufaula railroad with something on their heads. They were halted and asked.what it was, Ben Jackson and Jack Falkner both answered “cotton.” Ben'said the…
1Opinion of the CourtBrickell, C. J.
One person cannot be affected civilly of criminally, by the acts or declarations of another, unless some connection is shown to exist between them — some privity or community of purpose, or of interest.' A community of design, and a concert of action, in an unlawful act or enterprise being shown, the acts and declarations of each person to whom it is attributable, in pursuance of the common purpose, in its execution, or in reference to it, while engaged in its consummation, is in contemplation of law, the act and declaration of all, and is original evidence against each and all of them.. — 1…
2Cases cited1 opinion
- Lawson v. StateSupreme Court of Alabama · 1852
3Cited by3 opinions
- Davis v. StateSupreme Court of Alabama · 1901
- Sales v. StateAlabama Court of Appeals · 1942
- Crawley v. StateAlabama Court of Appeals · 1916