Weaver v. State

Decided November 15, 1903

Supreme Court of Alabama · decided 1903-11-15

Tried before the Hon. T. L. Borom. Tlie appellant in this case, Gaines Weaver, was prose cuted and convicted for throwing a rock or other missile into a passenger train. There was evidence introduced on behalf of the State tending to show that the defendant was guilty as charged. The evidence showed that after the train was rocked, it was stopped and came back to where the defendant had been standing, and that, thereupon the defendant ran.

Cited by 2 later decisions — most recently April 1917

2 state decisions

Relies on Davis v. State · Wright v. State · Ray v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1903-11-15

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TYSON, J. —

¶1Only one exception was reserved during the trial as to the admissibility of evidence. The objection interposed was general — no ground whatever being stated. A part of the statement to which the objection was taken was clearly legal, and if it be conceded that the other portion was not, the court was under no duty to separate the legal from the illegal. — Wright v. State, 136 Ala. 139; Davis v. State, 131 Ala. 10; Roy v. State, 126 Ala. 9, and cases there cited.

¶2We cannot affirm that the court clearly erred in its fouling of fact that the defendant was guilty as charged. The motion to discharge him was properly overruled.

¶3Affirmed.