Britton v. State
Alabama Court of Appeals
Appeal from Washington Circuit Court. Heard before Hon. Ben D. Turner. Daniel F. Britton was convicted of the larceny of a steer, and he appeals.
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Appeal from Washington Circuit Court. Heard before Hon. Ben D. Turner. Daniel F. Britton was convicted of the larceny of a steer, and he appeals. After conviction and judgment, defendant moved the court to set aside the verdict and grant defendant a new trial on the usual ground, and on the ground that defendant was entitled to the affirmative chrage, and there was no proof of venue sufficient to carry the case to the jury, and on the further ground that both defendant and Arthur Wright were jointly indicted for this offense, but were granted a severance, and were tried separately, and that…
1Opinion of the CourtBrown, P. J.
Section 2846 of the Code of 1907, as amended by the act approved April 5, 1911 (Acts 1911, p. 198), was again amended by an act approved September 22, 1915, and as thus amended reads:
“Whenever a motion for a new trial shall be granted or refused by the circuit or city court or county court of law and equity, or probate court, in any civil or criminal case at law, either party in a civil case or the defendant in a criminal case may except to the decision of the court and shall reduce to writing the substance of the evidence in the case, and also the decision of the court on the motion and the…
2Cases cited11 opinions
- Smith v. StateSupreme Court of Alabama · 1913
- Randolph v. StateSupreme Court of Alabama · 1893
- Patton v. StateSupreme Court of Alabama · 1916
- Powell v. StateAlabama Court of Appeals · 1912
- Granberry v. StateSupreme Court of Alabama · 1913
6 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Conley v. StateCourt of Criminal Appeals of Alabama · 1977
- Kontos v. StateCourt of Criminal Appeals of Alabama · 1978
- Hines v. McMillanSupreme Court of Alabama · 1920
- Crumbley v. StateAlabama Court of Appeals · 1933
- Stokes v. StateCourt of Criminal Appeals of Alabama · 1979
33 more not listed; retrieve them via the Exa API.