Ross v. State
Supreme Court of Alabama
From; the City Court of Mobile. Tried before the Hou. O. J. Semmes. The indictment in this ease charged, in a single count, that the defendant, William Boss, “ with the intent to steal, broke into and entered the dwelling-house, or a building within the curtilage of the dwelling-house, or shop, store, warehouse, or other building of John Moore, in which goods, merchandise, or a cloak [andl pieces of carpet, things of value, were then and there kept for use, sale or deposit.”
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From; the City Court of Mobile. Tried before the Hou. O. J. Semmes. The indictment in this ease charged, in a single count, that the defendant, William Boss, “ with the intent to steal, broke into and entered the dwelling-house, or a building within the curtilage of the dwelling-house, or shop, store, warehouse, or other building of John Moore, in which goods, merchandise, or a cloak [andl pieces of carpet, things of value, were then and there kept for use, sale or deposit.” On the trial, as the bill of exceptions shows, issue having been joined on the plea of not guilty, the State introduced…
1Opinion of the CourtSomerville, J.
— The charge requested by the defendant was, in our judgment, properly refused by the court. It was on the effect of the evidence, and such a charge ought never to be given by the court unless the evidence is entirely free from conflict as to material facts, so as to authorize no inference repuguant to that embodied in the charge. If there be any evidence, however weak or inconclusive, tending to support the contrary conclusion, such a charge should not be given at the request of either party.
There were facts in evidence, in this case, from which the jury were authorized to infer that the…
2Cases cited1 opinion
- Henderson v. StateSupreme Court of Alabama · 1881
3Cited by5 opinions
- Buckles v. StateSupreme Court of Alabama · 1972
- Cooper v. StateSupreme Court of Alabama · 1888
- McCormick v. StateSupreme Court of Alabama · 1904
- Brown v. StateAlabama Court of Appeals · 1912
- Buckles v. StateSupreme Court of Alabama · 1972