Thomas v. State

Alabama Court of Appeals

Thomas v. State

92 So. 29, 18 Ala. App. 356, 1922 Ala. App. LEXIS 71

CourtAlabama Court of Appeals

DecidedJanuary 17, 1922

Docket6 Div. 929.

StatusPublished

This text of 92 So. 29 (Thomas 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

Thomas v. State, 92 So. 29, 18 Ala. App. 356, 1922 Ala. App. LEXIS 71 (Ala. Ct. App. 1922).

Pincite

Opinion

SAMFORD, J.

[1] The defendant having been acquitted of the charge under the second count of the indictment, the refusal of the court to give the general charge for defendant as to that count, if error, was without injury. However, in this case its refusal was not error.

[2] Under the facts in this case charge 7 *357 was properly refused. The crime charged could have been and doubtless was committed by more than one person, and under the terms of the charge, if another was jointly guilty with defendant, the defendant should be acquitted. The charge was not applicable to the facts in this case.

[3] Charge 8 was amply covered by given charges 5 and 6 and by the general charge of the court.

[4] Charge J is an argument. The court had already and fairly charged on the law of larceny.

[5] Charge K singles out a portion of the evidence and is bad.

The rulings of the court upon the admission of testimony were without error.

We find no' error in the record and the judgment is affirmed.

Affirmed.

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