History
  • No items yet
midpage
Caraway v. State
154 So. 123
| Ala. Ct. App. | 1934
|
Check Treatment

Appellant was convicted of the offense of robbery and sentenced to serve imprisonment in the penitentiary for a term of twenty years. Code 1923, § 5460.

The state's testimony was to the effect that he, in conjunction or co-operation with two or three others held up, at the point of a pistol, or pistols, and robbed, one J.S. Edwards, a teller of the bank of Falkville, of some several thousand dollars.

His defense was an alibi. We have endeavored, to the best of our ability, to discharge the duty placed on us by Code 1923, § 3258, but we find nothing apparent worthy of special comment.

The demurrers to the indictment, i.e., the single count submitted to the jury, were, obviously, overruled without error. Code 1923, § 4556 (96); Douglass v. State, 21 Ala. App. 289,107 So. 791.

The complete story of the robbery detailed by the witness Otis Burnett, the confessed accomplice was abundantly corroborated; and, if believed, etc. by the jury, as it is shown to have been, was sufficient to fasten, irrefutably, guilt upon the appellant. Code 1923, § 5635.

The trial court, in addition to its excellent and comprehensive oral charge, gave to the jury at appellant's request some forty-five or fifty written charges. In this manner every possible phase of the applicable law, so far as we can see, was made known to the jury. There was, as clearly and instantly appears, upon reading same, no error in the refusal of any other requested written charge.

No ruling, made the basis of an objection and exception, on the taking of testimony, was prejudicially erroneous.

The judgment of conviction is affirmed.

Affirmed.

Case Details

Case Name: Caraway v. State
Court Name: Alabama Court of Appeals
Date Published: Mar 20, 1934
Citation: 154 So. 123
Docket Number: 8 Div. 941.
Court Abbreviation: Ala. Ct. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.