David v. State
Supreme Court of Alabama
From the Circuit Court of Tuskaloosa. Tried before the Hon. Wm. S. Mudd. The indictment in this case, -which was found at the special November term, 1865, described the prisoner as a “free person of color,” and charged that he “feloniously took and carried away a mule, the property of Joseph B. Eddins.”
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From the Circuit Court of Tuskaloosa. Tried before the Hon. Wm. S. Mudd. The indictment in this case, -which was found at the special November term, 1865, described the prisoner as a “free person of color,” and charged that he “feloniously took and carried away a mule, the property of Joseph B. Eddins.” “On the trial,” as the bill of exceptions states, “besides other evidence tending to convict the defendant as charged in the indictment, there was evidence showing that the mule charged to have been taken was stolen on or about the 1st November, 1865; and the court charged the jury, amongst…
1Opinion of the CourtJudge, J.
It is contended that the term of imprisonment in the penitentiary, imposed in this case, was excessive, and not justified by the law. It is a sufficient answer to this objection to say, that the law governing the case vested the jury with discretionary power, as to the term of imprisonment to be imposed, and that we have no authority *71to revise the action of the jury in the exercise of that discretion.—See White v. The State, 30 Ala. 518.
2. Our first impression of this case was, that the charge of the court excepted to authorized the jury to find the defendant guilty, without any proof that…
2Cases cited1 opinion
- White v. StateSupreme Court of Alabama · 1857