Harris v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Marengo. Tried before the Hon. James T. Jones. The indictment charges that the defendant “Frank Harris feloniously took and carried away a part of an outstanding crop of corn, to-wit, two ears of corn the property of Arthur Walker, against the peace, etc.
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Appeal from the Circuit Court of Marengo. Tried before the Hon. James T. Jones. The indictment charges that the defendant “Frank Harris feloniously took and carried away a part of an outstanding crop of corn, to-wit, two ears of corn the property of Arthur Walker, against the peace, etc. To this indictment the defendant filed a demurrer setting forth the following grounds: First, said indictment fails to allege that the part of the crop stolen was the property of Arthur Walker; second, it fails to show what part of an outstanding crop of corn was stolen ; third, it fails to aver of what the…
1Opinion of the CourtMcCLELLAN, J.
The demurrer to the indictment in this case was manifestly bad, if not frivolous; and the court committed no error in overruling it.
The charge given at the instance of the State was in these words : “Gentlemen of the jury, if you believe the evidence in this case you must find the defendant guilty as charged in the indictment.” This instruction was erroneous in that it authorized and required a conviction though the jury may not have believed the evidence beyond a reasonable doubt. Pierson v. State, 99 Ala. 148. Heath v. State, Ib. 179.
The judgment of the Circuit Court is reversed and the…
2Cases cited1 opinion
- Pierson v. StateSupreme Court of Alabama · 1892
3Cited by6 opinions
- Warren v. StateSupreme Court of Alabama · 1916
- Townsend v. StateSupreme Court of Alabama · 1902
- Bolan v. StateAlabama Court of Appeals · 1948
- People v. NussbaumNew York Court of General Session of the Peace · 1914
- Lewis v. StateSupreme Court of Alabama · 1903
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