Cheatwood v. State

Alabama Court of Appeals

Cheatwood v. State

175 So. 333, 27 Ala. App. 526, 1937 Ala. App. LEXIS 100

CourtAlabama Court of Appeals

DecidedJune 15, 1937

Docket7 Div. 263.

StatusPublished

This text of 175 So. 333 (Cheatwood 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

Cheatwood v. State, 175 So. 333, 27 Ala. App. 526, 1937 Ala. App. LEXIS 100 (Ala. Ct. App. 1937).

Pincite

Opinion

SAMFORD, Judge.

The evidence for the State made out a clear case of a violation under each count of the indictment. The affirmative charge as to both of these counts was properly refused.

The only question of merit in this case was raised by presenting the plea to the jurisdiction in which the defendant alleged that the crime, if committed at. all, was not committed in Talladega county, but was, if committed at all, committed in Cleburne county, Ala.

This plea was unnecessary, as the law requires the State to prove, beyond a reasonable doubt, that the crime charged was committed, and that it was in Talladega county or within one-quarter of a mile of the line thereof. This question was litigated, the evidence was in conflict, and the jury found the issue against the defendant.

Charges which failed to recognize the jurisdiction of the circuit court of.Talladega county, or within one-quarter of a mile of the line thereof, were properly refused.

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

Affirmed.

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