Farrish v. State
Supreme Court of Alabama
From the Circuit Court of Tuskaloosa. Tried before the Hon. Wm. S. Mudd. The indictment in this case charged that the defendants, Martin Farrish and Dennis Ballard, “feloniously took and carried away two hogs, the personal property of James A. Duren, of the value of fifteen dollars ; against the peace,” &c. The defendant Farrish, being on trial alone, pleaded not guilty; and issue was joined.on that plea.
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From the Circuit Court of Tuskaloosa. Tried before the Hon. Wm. S. Mudd. The indictment in this case charged that the defendants, Martin Farrish and Dennis Ballard, “feloniously took and carried away two hogs, the personal property of James A. Duren, of the value of fifteen dollars ; against the peace,” &c. The defendant Farrish, being on trial alone, pleaded not guilty; and issue was joined.on that plea. “On the trial,” as the bill of exceptions states, “the testimony of several witnesses tended to show that said Farrish and Ballard feloniously took and carried away two hogs, which were the…
1Opinion of the CourtStone, J.
Elementary writers, in speaking of the measure of proof necessary to insure conviction in a criminal case, have frequently said, “in cases of doubt, it is safer to acquit than to convict or condemn.” — Best on Ev., sections 49, 95, 440; 2 Hale’s PI. Cr. 289. This is but the complement of that other maxim, often quoted, and sometimes perverted, “that it is better that many guilty persons should escape, than that one innocent person should be made to suffer.” Mr. Best, in his excellent treatise on Evidence, section 95, speaking of these maxims, says, they “are often perverted to justify the…
2Cases cited6 opinions
- Bernstein v. HumesSupreme Court of Alabama · 1877
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- Durr v. JacksonSupreme Court of Alabama · 1877
- Coleman v. StateSupreme Court of Alabama · 1877
- Thrash v. BennettSupreme Court of Alabama · 1876
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3Cited by14 opinions
- Wilson v. StateSupreme Court of Alabama · 1942
- Goodwin v. StateIndiana Supreme Court · 1883
- Daniels v. StateSupreme Court of Alabama · 1943
- Robinson v. StateSupreme Court of Alabama · 1943
- Perry v. StateSupreme Court of Alabama · 1888
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