Barnes v. State

Decided November 15, 1895

Supreme Court of Alabama · decided 1895-11-15

Tried before the Hon. N. D. Denson. The appellant was indicted, tried and convicted for the larceny of a sheep. The evidence for the State tended to show that the defendant was guilty as charged; while the evidence for the defendant was in conflict with the State’s evidence, and tended to show that he was not guilty of stealing the sheep, but that said sheep in question belonged to him, the defendant.

Cited by 5 later decisions — most recently May 1924

5 state decisions

Relies on Webb v. State · Thomas v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1895-11-15

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McCLELLAN, J.

¶1There was no evidence in the‘case tending to show in the remotest degree that some other person than the defendant committed the offense charged in the indictment. The first charge requested by the defendant was, therefore, abstract in its last proposition, and for this was pi'operly refused.

¶2This charge is also bad in that its tendency was to authorize or require an acquittal if the evidence could be reconciled with a possibility that another than the defendant committed the offense. — Thomas v. State, 106 Ala. 19.

¶3The second charge requested for defendant is a mere argument.

¶4The third charge refused to defendant has been expressly condemned by this court on the ground that it exacts too high a degree of proof, in that it required the jury to believe that the defendant could not-possibly be guiltless before they would be authorized to convict him.— Webb v. State, 106 Ala. 52.

¶5Affirmed.