Report of Cases Argued and Determined in the Court of Appeals of Alabama, Volume 13West Publishing Company, 1916 - Law reports, digests, etc |
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Common terms and phrases
69 South acquit action admissible affirmative charge Albertville alleged Anniston Appeal and Error appellee assault assessment Assistant Attorney Assumpsit authority averment Bank bill of exceptions certificate of appeal Circuit Court City Court clerk Code complaint consignee contract convicted counsel marked criminal cross-examination deceased Decided June defendant demurrer dismissed evidence tending fact fendant filed guilty Harmless Error Heard Heard before Hon Homicide Huntsville indictment intent issue J. P. MUDD judgment June 17 jurisdiction killing Lacy liquors marked for appellant matter Mayf ment motion municipal murder objection offense officer ordinance overruling party perjury person pistol plaintiff plea proof properly refused prosecution question reasonable doubt record Refused charge Reversed and remanded rule self-defense state's witnesses statement statute sufficient supra Supreme Court sustained Tallapoosa county Tallapoosa river Tallassee tending to show testified testimony THOMAS tion transcript trial court Tuscaloosa County violation W. L. MARTIN
Popular passages
Page 346 - A conviction cannot be had in any case of felony upon the testimony of an accomplice, unless corroborated by other evidence tending to connect the defendant with the commission of the offense; and the corroboration is not sufficient if it merely shows that the offense was committed, and the circumstances thereof.
Page 78 - Refused charge 5A was the affirmative charge as to murder In the first degree, murder In the second degree...
Page 227 - an employment," it does not follow that every employment is an office. A man may certainly be employed under a contract, express or implied, to do an act, or perform a service, without becoming...
Page 395 - ... a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed.
Page 251 - Larceny Is the felonious taking and carrying away of the personal property of another, with the Intent to convert it to the use of the taker or deprive the owner thereof. Higgs v. State, 113 Ala. 36, 21 South. 353. There must be a taking and asiK>rtation without the consent of the owner and with the Intent to divest his ownership, and these must concur to constitute the offense.
Page 228 - A government office is different from a government contract. The latter, from its nature, is necessarily -limited in its duration and specific in its objects. The terms agreed upon define the rights and obligations of both parties, and neither may depart from them without the assent of the other.
Page 608 - Municipal and other corporations and Individuals invested with the privilege of taking private property for public use shall make just compensation for property taken, injured or destroyed by the construction or enlargement of their works, highways or improvements, which compensation shall be paid or secured before such taking, injury or destruction.
Page 665 - In all cases where persons are brought before the recorder, if on investigation of the charge there is reasonable cause to believe that a felony has been committed and that the defendant is guilty thereof...
Page 460 - The time within which an act is to be done, as provided in this Act, shall be computed by excluding the first day, and including the last. If the last day be Sunday, it shall be excluded.
Page 232 - A delivery of something of a personal nature by one party to another, to be held according to the purpose or object of the delivery, and to be returned or delivered over when that purpose is accomplished.