Mason v. State
Supreme Court of Alabama
Appeal from Choctaw Circuit Court. ■ Heard before Hon. John T. Lackland. Walter Mason was convicted of burglary, and appeals. The charges requested and refused to the defendant are as follows: “(1) Before you Can convict a defendant, each of you must he satisfied to a moral certainty, not only that the proof is consistent with the defendant’s guilt, but that it is wholly inconsistent with every rational conclusion.
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Appeal from Choctaw Circuit Court. ■ Heard before Hon. John T. Lackland. Walter Mason was convicted of burglary, and appeals. The charges requested and refused to the defendant are as follows: “(1) Before you Can convict a defendant, each of you must he satisfied to a moral certainty, not only that the proof is consistent with the defendant’s guilt, but that it is wholly inconsistent with every rational conclusion. Unless each of you are so convinced by the evidence of the defendant’s guilt that each of you would each venture to act upon that decision in matters of highest concern and…
1Opinion of the CourtSimpson, J.
— The defendant (appellant) was convicted of the crime of burglary. While it is difficult, if not impossible, to lay down any definite rule as to what collateral facts are admissible in evidence, yet it may be said to be proper to admit all evidence offered, by the defendant which may legitimately throw light upon the question as to who committed the offense. In this case the defendant Avas charged Avith breaking and entering the dwelling of Ed Young, while said Young and family were at church, and taking therefrom a pistol. The only testimony which connected the defendant with the crime was…
2Cases cited1 opinion
- Shelton v. StateSupreme Court of Alabama · 1905
3Cited by7 opinions
- Grissett v. StateAlabama Court of Appeals · 1922
- Scott v. StateAlabama Court of Appeals · 1948
- Davis v. StateAlabama Court of Appeals · 1913
- Swoope v. StateAlabama Court of Appeals · 1923
- Erskine v. StateAlabama Court of Appeals · 1926
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