Legal Opinion

Cannon v. State

Alabama Court of Appeals

Decided April 15, 1919No. 4 Div. 582PublishedCited by 42 opinions

Appeal from Circuit Court, Pike County; A. B. Foster, Judge. 'Hattie Cannon was convicted of grand larceny, and she appeals.

1Opinion of the CourtSameord, J.

[1] The evidence tending to connect the defendant with the crime was entirely circumstantial. Where this is the case, as in every other criminal case, the humane provision of the law is that there should not be a conviction unless to a moral certainty it excludes every other reasonable hypothesis than that of the defendant’s guilt; and, in cases where the evidence is entirely circumstantial, it has been held:

“No matter how strong the circumstances, if they can be reconciled with the theory that some other person may have done the act, then the defendant is not shown to be guilty, by that full…

2Cases cited2 opinions

  1. Ex parte AcreeSupreme Court of Alabama · 1879
  2. Pickens v. StateSupreme Court of Alabama · 1896

3Cited by42 opinions

  1. Cumbo v. StateCourt of Criminal Appeals of Alabama · 1978
  2. Dolvin v. StateSupreme Court of Alabama · 1980
  3. Hayes v. StateCourt of Criminal Appeals of Alabama · 1980
  4. Linzy v. StateCourt of Criminal Appeals of Alabama · 1984
  5. McKenzie v. StateAlabama Court of Appeals · 1923

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