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38 Ala. 422

Joe v. State

Supreme Court of Alabama

Decided January 15, 1863

Supreme Court of Alabama · decided 1863-01-15

From the Circuit Court of Butler. Tried before the Hon. Jno. K. Henry. The indictment in this case charged, that the prisoner, who was a slave, by night broke and entered into a dwelling-house, occupied by Mrs. Catherine Crawford, with intent to commit a felony. The evidence against the prisoner was altogether circumstantial. The entrance into the house was effected by raising a plank in the floor.

Relies on Pearson v. Darrington · Mose v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1863-01-15

How this case has been cited

Cited by 6 later decisions — most recently June 1975

6 state decisions

30186318701880189019001910192019301940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

STONE, J. —

¶1[1.] The confessions given in evidence in this case against the prisoner’s objections, were clearly inadmissible under the rule laid down by this court. — See Bob v. The State, 32 Ala. 266, and authorities cited.

¶2[2.] The charge asked should also have been given. — ? See Mose v. The State, 36 Ala. 211, and the criticism of the language of the charge, pp. 230-1.

¶3The other questions argued are not raised by the record, and we need not consider them.

¶4Reversed and remanded, and the prisoner will remain "in custody until discharged by due course of law.

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