Legal Opinion

Gilliam v. State

Supreme Court of Alabama

Decided December 15, 1881PublishedCited by 3 opinions

Appeal from Hale County Court. Tried before Hon. James M. HobsoN. The defendant was indicted at the spring term, 1881, of the Circuit Court of Hale county, for buying or receiving “a half bushel of corn of the value of fifty cents from Stephen Jones after the hour of sunset and before the hour of sunrise of the next succeeding dayand the indictment was transferred to the County Court under the statute, where the cause was tried before the judge of said court without a jury,…

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Appeal from Hale County Court. Tried before Hon. James M. HobsoN. The defendant was indicted at the spring term, 1881, of the Circuit Court of Hale county, for buying or receiving “a half bushel of corn of the value of fifty cents from Stephen Jones after the hour of sunset and before the hour of sunrise of the next succeeding dayand the indictment was transferred to the County Court under the statute, where the cause was tried before the judge of said court without a jury, and the defendant was found guilty and sentenced to pay a fine of ten dollars and the costs of the prosecution; and from…

1Opinion of the CourtBbickell, C. J.

We can not discover that tire record presents any other question than the sufficiency of the evidence to authorize the conviction of the appellant. There may be some conflict in the evidence; parts of it tending to establish guilt, and parts tending to establish innocence. We can not revise the findings of fact by the judge of the county court, and reverse the judgment, unless it is plainly erroneous.—Summers v. State, 70 Ala. 16; Cawthorn v. State, 63 Ala. 157.

It is shown, the corn was delivered to the defendant, with the knowledge and consent of Walton, the owner. The want of his knowledge…

2Cases cited2 opinions

  1. Cawthorn v. StateSupreme Court of Alabama · 1879
  2. Summers v. StateSupreme Court of Alabama · 1881

3Cited by3 opinions

  1. Reese v. StateSupreme Court of Alabama · 1882
  2. Skinner v. StateSupreme Court of Alabama · 1888
  3. DuBose v. StateSupreme Court of Alabama · 1899

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