Home/Alabama Court of Appeals/Belser v. State

Belser v. State

79 So. 265, 16 Ala. App. 504, 1918 Ala. App. LEXIS 198
CourtAlabama Court of Appeals
DecidedJune 4, 1918
Docket3 Div. 326.
StatusPublished
Cited by10 cases

This text of 79 So. 265 (Belser v. State) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Belser v. State, 79 So. 265, 16 Ala. App. 504, 1918 Ala. App. LEXIS 198 (Ala. Ct. App. 1918).

Opinion

SAMFORD, J.

[1-4] No brief has come to the hands of the court. Charge - requested in writing by the defendant is abstract and does not assert the true rule as to the burden of proof. Charge 1 is entirely abstract. The correct proposition of law applicable to this ease was fully and clearly stated in the oral charge of the court. Charge 2 does not state a correct proposition of law as applied to the testimony of accomplices as provided in section 7897, Code 1907. The test of complicity is: Could the witness be indicted for the offense either as principal or accessory? If not, he is competent. Bass v. State, 37 Ala. 469. An accessory after the fact is a separate and distinct offense, made so by section 6220 of the Code of 1907.

There is no error in the record, and the judgment is affirmed.

Affirmed.

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Bluebook (online)
79 So. 265, 16 Ala. App. 504, 1918 Ala. App. LEXIS 198, Counsel Stack Legal Research, https://law.counselstack.com/opinion/belser-v-state-alactapp-1918.