Legal Opinion

Ross v. State

Supreme Court of Alabama

Decided December 15, 1883PublishedCited by 75 opinions

From the Circuit Court of Pike. Tried before the ILon. Jno. P. Hubbard. The indictment in this ease charged, in the first count, that the defendant, George Boss, “ willfully set fire or burned a certain cotton-house, the .property of Asa Thompson, which, with the property therein contained, was of the value-of five hundred dollars;” and in the second count, that-he “willfully set fire to or burned a cotton-house, or cotton-pen containing cotton, which said house or pen was…

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From the Circuit Court of Pike. Tried before the ILon. Jno. P. Hubbard. The indictment in this ease charged, in the first count, that the defendant, George Boss, “ willfully set fire or burned a certain cotton-house, the .property of Asa Thompson, which, with the property therein contained, was of the value-of five hundred dollars;” and in the second count, that-he “willfully set fire to or burned a cotton-house, or cotton-pen containing cotton, which said house or pen was the property of Asa Thompson.” A trial was had on issue joined on the plea of not guilty, which resulted in the…

1Opinion of the CourtStone, J.

— In Bowles v. The State, 58 Ala. 335, speaking of flight as an instrument of evidence, we said : “ We think it permissible to prove the fact of flight, and all the facts connected with it, either to increase or diminish the probative force of the fact itself.” This language clearly implies that flight itself, by one suspected or accused of crime, has some probative force, the weight of which is for the jury to determine. — See Whar. Cr. Ev. § 750. Corroborative testimony, to meet the requirements of the statute, must tend to connect the defendant with the commission of the offense (Code of…

2Cases cited4 opinions

  1. Bowles v. StateSupreme Court of Alabama · 1877
  2. Lockett v. StateSupreme Court of Alabama · 1879
  3. Lumpkin v. StateSupreme Court of Alabama · 1880
  4. Smith v. StateSupreme Court of Alabama · 1877

3Cited by75 opinions

  1. People v. TewksburyCalifornia Supreme Court · 1976
  2. Stokley v. StateSupreme Court of Alabama · 1950
  3. Miller v. StateSupreme Court of Alabama · 1973
  4. Arthur v. StateCourt of Criminal Appeals of Alabama · 1996
  5. Malachi v. StateSupreme Court of Alabama · 1889

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