Legal Opinion

Ramsey v. State

Supreme Court of Alabama

Decided November 15, 1890PublishedCited by 8 opinions

From,the City Court of Anniston. Tried before the Hon. B. F. Cassady. Indictment against Robert O. Ramsey, for carrying a pistol concealed about his person; plea, not guilty.

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From,the City Court of Anniston. Tried before the Hon. B. F. Cassady. Indictment against Robert O. Ramsey, for carrying a pistol concealed about his person; plea, not guilty. “On the trial,” as the bill of exceptions states, “one Ward testified that, within the time covered by the indictment, the defendant came to his house early in the morning, and left the yard gate open; that a hog had come into his yard, and gone under the house; that it was daylight, and he saw defendant plainly, being within a few feet of him; that defendant had a walking-stick in his right hand, but witness did not…

1Opinion of the Court

STONE C. J.

The reporter will insert the substance of the criminating testimony in his statement of facts.

*31Charges must lie interpreted in the light of the testimony before the jury; and the charges should always be, not only a correct, general exposition of the law governing the issue, but should also be applicable to the evidence — the whole evidence. If it ignore the influence of qualifying testimony, it necessarily misleads the jury,- and is faulty.—3 Brick. Dig. 107, §§ 9 to 12, inclusive ; Fariss v. State, 85 Ala. 1.

The City Court charged the jury, “that if they believe from the evidence…

2Cases cited4 opinions

  1. Fariss v. StateSupreme Court of Alabama · 1887
  2. Street v. StateSupreme Court of Alabama · 1880
  3. Farley v. StateSupreme Court of Alabama · 1882
  4. Jones v. StateSupreme Court of Alabama · 1874

3Cited by8 opinions

  1. Martin v. StateSupreme Court of Alabama · 1899
  2. Driggers v. StateSupreme Court of Alabama · 1898
  3. Smith v. SmithSupreme Court of Alabama · 1911
  4. Boyd & Co. v. Jones & PopeSupreme Court of Alabama · 1892
  5. Jones v. StateSupreme Court of Alabama · 1892

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