Alsop v. State

Supreme Court of Alabama

Alsop v. State

77 Ala. 87

DecidedDecember 15, 1884

StatusPublished

This text of 77 Ala. 87 (Alsop v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Alsop v. State, 77 Ala. 87 (Ala. 1884).

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Opinion

STONE, O. J.

In testing the credibility of narrations of fact, it is, as a rule, permissible to consider the surroundings, or attendant circumstances. Especially is this the case, when, as on the present trial, there was no positive testimony of the main [89]*89fact, but it was left to be inferred from proof of other facts. The charge asked should have been given. — Sackett, Instruction to Juries, 474-5.

[Reversed and remanded. Let the defendant remain in custody, until discharged by due course of law.

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STONE, O. J.

In testing the credibility of narrations of fact, it is, as a rule, permissible to consider the surroundings, or attendant circumstances. Especially is this the case, when, as on the present trial, there was no positive testimony of the main [89]*89fact, but it was left to be inferred from proof of other facts. The charge asked should have been given. — Sackett, Instruction to Juries, 474-5.

[Reversed and remanded. Let the defendant remain in custody, until discharged by due course of law.

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Bluebook (online)

77 Ala. 87, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alsop-v-state-ala-1884.