Public-domain · open source
OpenJurist

116 Ala. 670

Gibbs v. State

Supreme Court of Alabama

Decided November 15, 1897

Supreme Court of Alabama · decided 1897-11-15

<p>Appeal from Montgomery City Court.</p> <p>Tried before the Hon. A. D. Sayre.</p>

Relies on Prater v. State · James v. State

Decided 1897-11-15

¶1The appellant was indicted, tried and convicted of arson in the first- degree. The' only error assigned.was the refusal of the court to give to the jury the following written charge requested by the defendant :• If there is a reasonable possibility that some person' other than the defendant may have done tlie. act,..then the defendant is entitled to an acquittal.” The court holds that this charge was properly refused, citing James v. State, 104 Ala. 21; Porter v. State, 107 Ala. 27. The judgment of conviction is affirmed.

¶2Opinion by

Haralson, J.
/116/ala/670 · .json · Public domain