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21 Ala. App. 408

108 So 650

Sampleton v. State

Alabama Court of Appeals

Decided May 25, 1926

Alabama Court of Appeals · decided 1926-05-25

Cited by 2 later decisions — most recently March 1953

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1926-05-25

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SAMFORD, J.

¶1 The corpus delicti was proven. The defendant’s familiarity with the surroundings, his proximity at the time, the circumstance of his wearing rubber boots, and the fact that one of the guilty parties, wore rubber boots at the time of the commission of the crime, coupled with the unexplained flight of defendant when charged with the-crime, were sufficient facts to submit the question of defendant’s guilt to the jury. The general charge was properly refused.

¶2 Charge 3 was invasive of the province-of the jury, and was properly refused.

¶3 The court properly admitted evidence tending to prove the corpus delicti.

¶4 *409 There is no error in the record, and the judgment is affirmed.

¶5 Affirmed.

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