Palmer v. State
Supreme Court of Alabama
Appeal from Marion Circuit Court. Heard before Hon. C. P. Almon. Hez- Palmer and Jennie Langston were convicted of living in adultery, and they appeal. The following charges were refused to the defendants. “(2) I charge you that it is not sufficient that the evidence should cast a suspicion upon the defendants, but it must be shown beyond a reasonable doubt that they had sexual intercourse.”
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Appeal from Marion Circuit Court. Heard before Hon. C. P. Almon. Hez- Palmer and Jennie Langston were convicted of living in adultery, and they appeal. The following charges were refused to the defendants. “(2) I charge you that it is not sufficient that the evidence should cast a suspicion upon the defendants, but it must be shown beyond a reasonable doubt that they had sexual intercourse.” “(5) I charge you that you should not consider the evidence of Jasper Hallmark that he saw Jennie Langston sitting in Hez Palmer’s lap two years ago last February.” There is no judgment entry or other…
1Opinion of the CourtAnderson, J.
A verdict and confession without a judgment of guilt by the court will not support an appeal.-Ayers v. State, 71 Ala. 11; Joyner v. State, 78 Ala. 448; Nichols v. State, 100 Ala. 23, 14 South. 539; Wright v. State, 103 Ala. 96, 15 South. 506; Bridges v. State, 124 Ala. 90, 27 South. 474; Marks v. State, 131 Ala. 44, 31 South. 18; Mayers v. State, 147 Ala. 687, 40 South. 658; Collins v. State, 148 Ala. 667, 41 South. 672. When, however, there is a sentence by the trial court in compliance with the verdict of guilty, as disclosed by the judgment entry, there is implied a judgment of guilt, and…
2Cases cited8 opinions
- Wright v. StateSupreme Court of Alabama · 1893
- Talbert v. StateSupreme Court of Alabama · 1903
- Joyner v. StateSupreme Court of Alabama · 1885
- Nichols v. StateSupreme Court of Alabama · 1893
- Ayers v. StateSupreme Court of Alabama · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Cooley v. StateSupreme Court of Alabama · 1936
- Milligan v. StateSupreme Court of Alabama · 1922
- Smith v. StateCourt of Criminal Appeals of Alabama · 1983
- Moore v. StateAlabama Court of Appeals · 1942
- Tanner v. StateAlabama Court of Appeals · 1953
16 more not listed; retrieve them via the Exa API.