Opinion

Brown v. State

  • 6 Ala. App. 56
  • 60 So. 430
  • 1912 Ala. App. LEXIS 31
Court
Alabama Court of Appeals
Filed
Nov 28, 1912
Status
Published
Author
Pelham
On the bench
Pelham
Cited by
0 cases
Authority
More cited than 11.8%

The opinion

PELHAM, J.

The general charge requested by the defendant was, in our judgment, properly refused; as being on the effect of the evidence. The commission of the offense embodied in the charge was proven without dispute or conflict in the evidence, and the jury was authorized to believe from the facts before the court that the defendant Avas guilty of burglary, the crime alleged,

The defendant’s recent possession of the goods' and the contradiction in the evidence explanatory of that possession, together Avith the evidence showing the defendant had been “hanging around” the store a short time prior to the commission of the offense, disclosed a state of facts authorizing an inference of the defendant’s guilt, Avhich Avas properly submitted by the court for solution by a determination of the jury, on the conflict produced by the defendant’s denial. — Ross v. State, 82 Ala. 65 , 2 South. 139 ; Kemp v. State, 89 Ala. 52 , 7 South. 413 ; Shepperd v. State, 94 Ala. 102 , 10 South. 663 .

Affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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