Crisp v. State

47 Citing cases

  1. Murphy v. State

    113 So. 623 (Ala. Crim. App. 1927)   Cited 8 times
    Overruling Crisp v. State, 21 Ala. App. 449, 109 So. 282

    The accused is presumed to have testified truthfully, and it is the jury's duty to reconcile his testimony and that of other witnesses with the presumption of innocence if they can reasonably do so. Crisp v. State, 21 Ala. App. 449, 109 So. 282. To constitute the offense, the accused must have in possession a complete still to be used for the purpose of manufacturing prohibited liquors.

  2. Alabama Produce Co. v. Smith

    141 So. 674 (Ala. 1932)   Cited 43 times

    Charge Y was erroneously refused. Griel v. Marks, 51 Ala. 566; Hair v. Little, 28 Ala. 247; Clealand v. Walker, 11 Ala. 1059, 46 Am. Dec. 238; Bradford v. Marbury, 12 Ala. 527, 46 Am. Dec. 264; Alexander v. Alexander, 71 Ala. 296; Walker v. State, 220 Ala. 548, 126 So. 848; Walker v. Lee, 51 Fla. 360; Knowles v. Ogletree, 96 Ala. 559, 12 So. 397; Schaungut v. Udell, 93 Ala. 304, 9 So. 550; Johnson v. B. R. L. P. Co., 149 Ala. 530, 43 So. 33; Norwood Tr. Co. v. Bickell, 207 Ala. 232, 92 So. 464, 466; Frazer v. S. N. A. R. Co., 81 Ala. 185, 1 So. 85, 60 Am. Rep. 145. Charge 3 is correct and should have been given. Crisp v. State, 21 Ala. App. 449, 109 So. 282, 284; Vansandt v. Brewer, 209 Ala. 131, 95 So. 463; 20 R. C. L. 112; People v. Campbell, 237 Mich. 424, 212 N.W. 97; Hizam v. Blackman, 103 Conn. 547, 131 A. 415; Green v. Ruffin, 141 Va. 628, 125 S.E. 742, 127 S.E. 486; Grein v. Gordon, 280 Pa. 576, 124 A. 737, 34 A.L.R. 1511; Racine Tire Co. v. Grady, 205 Ala. 423, 88 So. 337; Stephen Putney Co. v. Ormsby, 129 Va. 297, 105 S.E. 563. Charge L, on unavoidable accident, should have been given. Boyette v. Bradley, 211 Ala. 370, 100 So. 647, 648; City I. D. Co. v. Lecari, 210 Ala. 629, 98 So. 901, 902. Eyster Eyster and Wright McAfee, all of Decatur, for appellee.

  3. Stover v. State

    139 So. 573 (Ala. Crim. App. 1932)   Cited 8 times

    Smith v. State, 197 Ala. 193, 72 So. 316; Cox v. State, 162 Ala. 66, 50 So. 398; Sweatt v. State, 156 Ala. 84, 47 So. 194. Defendant's refused charges correctly state the law. (7) Crisp v. State, 21 Ala. App. 449, 109 So. 283; (12) Gaston v. State, 161 Ala. 37, 49 So. 876. Thos. E. Knight, Jr., Atty. Gen., and Jas. L. Screws, Asst. Atty. Gen., for the State.

  4. Willingham v. State

    261 Ala. 454 (Ala. 1954)   Cited 72 times
    In Willingham v. State, 261 Ala. 454, 74 So.2d 241, 244, reference was made to the long established rule of this jurisdiction that, " 'The acts, declarations, and demeanor of an accused, before and after the offense, whether a part of the res gestae or not, are admissible against him, but unless a part of the res gestae are not admissible for him.

    Pelham v. State, 23 Ala. App. 359, 125 So. 688; State v. Stallings, 142 Ala. 112, 38 So. 261; Stewart v. State, 78 Ala. 436; Greenwood v. State, 19 Ala. App. 635, 99 So. 825; Thomas v. State, 18 Ala. App. 268, 90 So. 878; Lundsford v. State, 2 Ala. App. 38, 56 So. 89; Montgomery v. State, 17 Ala. App. 469, 86 So. 132; Allsup v. State, 15 Ala. App. 121, 72 So. 599. Recent return of deceased from combat area with United States Army is immaterial, irrelevant and highly prejudicial. Crisp v. State, 21 Ala. App. 449, 109 So. 282, 286. The persistent pursuit of improper line of interrogation which is prejudicial is ground for mis-trial and motion for new trial.

  5. Townsend v. Adair

    134 So. 637 (Ala. 1931)   Cited 25 times

    Reckless driving in violation of the state law is negligence per se, and plea 4, setting up same, should have been sustained. Blalack v. Blacksher, 11 Ala. App. 545, 66 So. 863; Watts v. Montgomery Tr. Co., 175 Ala. 102, 57 So. 471; Stewart v. Smith, 16 Ala. App. 461, 78 So. 724; Mobile L. R. Co. v. McDonnell, 207 Ala. 161, 92 So. 185; Crisp v. State, 21 Ala. App. 449, 109 So. 282. Plea alleging that plaintiff undertook to pass defendant on the left without giving notice of his intention to do so, as a result of which plaintiff sustained his damage, is a good plea of contributory negligence. Morrison v. Clark, 196 Ala. 670, 72 So. 305; Government St. Lumber Co. v. Ollinger, 18 Ala. App. 518, 94 So. 177. Plea 8 was good.

  6. Smith v. State

    31 Ala. App. 12 (Ala. Crim. App. 1942)   Cited 21 times

    Pennington Tweedy, of Jasper, for appellant. Where Supreme Court grants certiorari and remands case to Court of Appeals for further proceeding, it becomes duty of Court of Appeals to examine record and consider points of decision therein presented and not already decided by Court of Appeals. Crisp v. State, 21 Ala. App. 449, 109 So. 282. Where preponderance of evidence does not sustain conviction for murder in second degree, it is duty of appellate court to grant defendant's motion for new trial and set aside verdict. McDowell v. State, 238 Ala. 482, 191 So. 894; Roan v. State, 225 Ala. 428, 143 So. 454; Bufford v. State, 25 Ala. App. 99, 141 So. 359; Robinson v. State, 29 Ala. App. 47, 191 So. 649; Roy v. State, 25 Ala. App. 510, 149 So. 713. A killing in sudden provocation, without malice, is manslaughter. Malice and heat of passion cannot coexist.

  7. Broxton v. State

    27 Ala. App. 298 (Ala. Crim. App. 1936)   Cited 25 times

    Charge 7 states a correct proposition of law, and its refusal was error to reverse. Crisp v. State, 21 Ala. App. 449, 109 So. 282. For defendant to have been guilty, the death of deceased must have resulted from an unlawful act or a grossly negligent act of defendant. Hammell v. State, 21 Ala. App. 633, 111 So. 191.

  8. Harris v. State

    113 So. 318 (Ala. Crim. App. 1927)   Cited 20 times

    Bradshaw Barnett, of Florence, for appellant. Charges 1 and 4 were proper to have been given. Crisp v. State, 21 Ala. App. 449, 109 So. 283; Jackson Dean v. State, 69 Ala. 249. It is the duty of the court to see that the defendant is tried according to the law and the evidence, free from any appeal to prejudice or other improper motive. Tannehill v. State, 159 Ala. 51, 48 So. 662; James v. State, 170 Ala. 72, 54 So. 494; Simmons v. State, 14 Ala. App. 103, 71 So. 979; Jones v. State, 21 Ala. App. 234, 109 So. 189.

  9. Jones v. State

    21 Ala. App. 234 (Ala. Crim. App. 1926)   Cited 49 times
    In Jones v. State, 21 Ala. App. 234, 109 So. 189, 190, this court said: "It is the first, and one of the highest duties of a trial judge to see that a defendant on trial in a criminal case has a fair and an impartial trial."

    The court erred in its oral charge to the jury in defining manslaughter. Crisp v. State, post, p. 449, 109 So. 282. It was error to refuse charge 26. Amos v. State, 123 Ala. 50, 26 So. 524; Pickens v. State, 115 Ala. 42, 22 So. 551; McKenzie v. State, 19 Ala. App. 319, 97 So. 155.

  10. Jones v. State

    244 Miss. 596 (Miss. 1962)   Cited 4 times
    In Jones v. State, 244 Miss. 596, 145 So.2d 446 (1962), which involved a death in an automobile collision, the indictment charged that Allen Jones "unlawfully and feloniously did kill and slay one Deavours Grissom, a human being."

    See Wilson v. State, 173 Miss. 372, 161 So. 744; Wells v. State, 162 Miss. 617, 139 So. 859; State v. Thomlinson, 209 Iowa 555, 228 N.W. 80; State v. Clark, 196 Iowa 1134, 196 N.W. 82; People v. Wardell, 291 Mich. 276, 289 N.W. 328. * * * Although a jury may find that the conduct of the operator constitutes gross negligence, the violation of the statute is not culpable negligence per se within the definition of Section 1002. State v. Campbell, 82 Conn. 671, 74 A. 927, 135 Am. St. Rep. 293, 18 Ann. Cas. 236; People v. Falkovith, 280 Ill. 321, 117 N.E. 398, Ann. Cas. 1918B, 1077; State v. Clark, 196 Iowa 1134, 196 N.W. 82; Crisp v. State, 21 Ala. App. 449, 109 So. 282." In commenting further on the above mentioned instruction, the Court said: "It is much as if the Court had charged that 'if the defendant was guilty of culpable negligence, as defined, you may so find, and as a further reason for conviction you may take into account that he was, in any event, guilty of drunken driving.'