Foust v. Yielding

Supreme Court of Alabama

Foust v. Yielding

28 Ala. 658

CourtSupreme Court of Alabama

DecidedJanuary 15, 1856

StatusPublished

Cited by4 cases

This text of 28 Ala. 658 (Foust v. Yielding) 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

Foust v. Yielding, 28 Ala. 658 (Ala. 1856).

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Opinion

RICE, C. J.

The charge of the court below invaded thg province of the jury. It took from them their right to determine the truth of the evidence, and to ascertain the facts. Phillips v. McGrow, 13 Ala. 255; Huff v. Cox, 2 ib. 310; Yarborough v. Jones, 2 ib. 524.

Without considering the other questions raised upon the record, we reverse the judgment, and remand the cause, upon the single ground, that the charge of the court was an invasion of the right of the jury, and that this error is not clearly shown by the record to have been harmless.

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RICE, C. J.

The charge of the court below invaded thg province of the jury. It took from them their right to determine the truth of the evidence, and to ascertain the facts. Phillips v. McGrow, 13 Ala. 255; Huff v. Cox, 2 ib. 310; Yarborough v. Jones, 2 ib. 524.

Without considering the other questions raised upon the record, we reverse the judgment, and remand the cause, upon the single ground, that the charge of the court was an invasion of the right of the jury, and that this error is not clearly shown by the record to have been harmless.

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Bluebook (online)

28 Ala. 658, Counsel Stack Legal Research, https://law.counselstack.com/opinion/foust-v-yielding-ala-1856.

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