Sims v. State

Supreme Court of Alabama

Sims v. State

99 Ala. 161

CourtSupreme Court of Alabama

DecidedNovember 15, 1892

StatusPublished

Cited by9 cases

This text of 99 Ala. 161 (Sims 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

Sims v. State, 99 Ala. 161 (Ala. 1892).

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Opinion

HARALSON, J.-

The question of the intent with wJiich the defendant took and carried away the yearling, wa$;not free from doubt, and was one of inference from the evidence, proper to be determined by the jury. There were conflicts in the evidence, — some tending to establish the case for the State,- — -and different inferences, as to the intent of the defendant in taking the animal, may be reasonably drawn from it. In such a case, the general charge in favor of the defendant, was properly refused.—Johnson v. The State, 73 Ala. 523; Bromley v. Birmingham Min. R. R. Co., 95 Ala. 397; 11 So. Eep. 341.

Affirmed.

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HARALSON, J.-

The question of the intent with wJiich the defendant took and carried away the yearling, wa$;not free from doubt, and was one of inference from the evidence, proper to be determined by the jury. There were conflicts in the evidence, — some tending to establish the case for the State,- — -and different inferences, as to the intent of the defendant in taking the animal, may be reasonably drawn from it. In such a case, the general charge in favor of the defendant, was properly refused.—Johnson v. The State, 73 Ala. 523; Bromley v. Birmingham Min. R. R. Co., 95 Ala. 397; 11 So. Eep. 341.

Affirmed.

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Bluebook (online)

99 Ala. 161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sims-v-state-ala-1892.

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