Legal Opinion

Pate v. State

Alabama Court of Appeals

Decided November 11, 1924No. 2 Div. 310PublishedCited by 8 opinions

1Opinion of the CourtSamfobd, J.

Aside from other questions involved in this prosecution, and which were properly submitted to the jury under the charge of the court, the defendant asked the general charge in' writing, upon the theory that the venue had not been proven. Of this contention the court was duly notified by defendant’s counsel and at the proper time.

Venue is one of the material allegations of an indictment which must be established to the satisfaction of the jury by evidence beyond a reasonable doubt. In fact, in all prosecutions by indictment, a defendant is guaranteed by the Constitution to a public trial by an…

2Cases cited2 opinions

  1. Britton v. StateAlabama Court of Appeals · 1917
  2. Dossett v. StateAlabama Court of Appeals · 1923

3Cited by8 opinions

  1. Allen v. StateCourt of Criminal Appeals of Alabama · 1980
  2. Hope v. StateAlabama Court of Appeals · 1926
  3. Mayhall v. StateAlabama Court of Appeals · 1927
  4. De Graffenried v. StateAlabama Court of Appeals · 1938
  5. Clark v. StateAlabama Court of Appeals · 1926

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