Burton v. State
Supreme Court of Alabama
Appeal from the City Court of Talladega.^ Tried before the Hon. John W. Bishop. .William Burton, the appellant, was tried on, the 18th of April, 1895, in tlie City Court of Talladega, upon an indictment for grand larceny, and was convicted.
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Appeal from the City Court of Talladega.^ Tried before the Hon. John W. Bishop. .William Burton, the appellant, was tried on, the 18th of April, 1895, in tlie City Court of Talladega, upon an indictment for grand larceny, and was convicted. The facts brought out on the trial, stated briefly, are as follows : Paul J. Collier left Birmingham on the Georgia Pacific Railroad on Saturday afternoon, December 22, 1894. The defendant, Bob Smith and Jim Ball left Birmingham on the same train. Collier had his valise with him in the car with the three negroes. The three negroes got off the train at Pell…
1Opinion of the CourtMcCLELLAN, J.
A prominent question in this case is whether a predicate for the admission of testimony of an absent witness given for the State on the preliminary examination of the charge against the defendant, was sufficiently proved. This question was exclusively for the determination of the judge below subject to review by this court; the jury was not concerned with it at all. And in reviewing the conclusion reached by the judge of the city court upon it, the inquiry presented to us has reference to the quantum of legal or unchallenged testimony adduced, and not to any errors that may have been…
2Cited by17 opinions
- Burton v. StateSupreme Court of Alabama · 1896
- Jacobi v. StateSupreme Court of Alabama · 1901
- Mitchell v. StateSupreme Court of Alabama · 1896
- Reeves v. StateSupreme Court of Alabama · 1956
- Harwell v. StateAlabama Court of Appeals · 1915
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