Alexander v. State
| Decision Date | 13 January 1925 |
| Docket Number | 6 Div. 503 |
| Citation | 102 So. 597,20 Ala.App. 432 |
| Parties | ALEXANDER v. STATE. |
| Court | Alabama Court of Appeals |
Appeal from Circuit Court, Winston County; R.L. Blanton, Judge.
Arch Alexander was convicted of violating the prohibition law, and he appeals. Reversed and remanded.
Harwell G. Davis, Atty. Gen., for the State.
The evidence in this case, by one witness, Laura Alexander, is to the effect that on July 1, 1921, this defendant and his two brothers, one of whom was her husband, were at a place on Canney Branch, about one quarter of a mile from her home engaged in the manufacture of whisky. This witness is thoroughly impeached. She was shown to have ill will towards defendant and the other two parties charged, dating from July 8th before she began the prosecution against the three on July 15th. Many witnesses testified to her bad character generally and for truth, and the facts testified to as connecting the parties, including this defendant, with the crime were denied by several witnesses.
According to the statement of this witness she and her husband, Alvie Alexander, were living together on July 1st. On that date the three men, whom she now charges left the house about 10:30, telling her where they were going, and giving directions so she could find them, and making arrangements with her to prepare and bring to them their midday meal, which she did, and at the time she carried and delivered the food to them (including this defendant) she knew they were engaged in the commission of a felony, to wit the manufacture of whisky. With this knowledge she not only prepared, carried, and delivered the food to those engaged in the crime so that the work might continue without interruption, but she remained with them for about one half hour, lending her presence and countenance to the work there going on. The witness Laura Alexander was therefore, according to her own statement, present at the time the felony was being committed, lending her countenance, aid, or encouragement to its commission. These facts under the common law would constitute her an accessory at the fact. 1 R.C.L. p. 134 (6). In this state the distinction between accessories before the fact and principals have been abolished, and any person who by word, act, or deed aids or abets in the commission of a crime is guilty as a principal. Code 1923, § 3196; McMahan v. State, 168 Ala. 70, 53 So. 89.
Being therefore, under the...
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Frazier v. State
...and principals. Cooper v. State, 43 Ala.App. 385, 191 So.2d 224, cert. denied, 280 Ala. 711, 191 So.2d 229 (1966); Alexander v. State, 20 Ala.App. 432, 102 So. 597 (1925). A witness is to be considered an accomplice for the purposes of § 12-21-222, Code of Alabama (1975), which requires cor......
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Doss v. State
...v. State, 7 Ala. App. 140, 61 So. 479; Lindsay v. State, 170 Ala. 80, 54 So. 516; Perkins v. State, 20 Ala. App. 113, 101 So. 85; Alexander v. State, supra; People v. Morton, Cal. 719, 73 P. 609. The record in this case is voluminous, containing several hundred pages of transcript paper. We......
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Evans v. State
...it shown to have been made by the defendant, * * *' See Parish v. State, 28 Ala.App. 81, 179 So. 387 ('boy tracks'). In Alexander v. State, 20 Ala.App. 432, 102 So. 597, Harris v. State, 21 Ala.App. 67, 105 So. 389, Doss v. State, 23 Ala.App. 168, 123 So. 237 (cert. den.), Jones v. State, 2......
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Lindhorst v. State, 8 Div. 881
...identifying the persons, that is really no corroboration at all'); Tompkins v. State, 7 Ala.App. 140, 61 So. 479; Alexander v. State, 20 Ala.App. 432, 102 So. 597; Lotz v. State, 23 Ala.App. 496, 129 So. 305." but which is colorless and neutral insofar as the defendant's connection with the......
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§ 30.04 Accomplice Liability: Assistance
...might have been different had S booed at the concert.[64] State v. Duran, 526 P.2d 188 (N.M. Ct. App. 1974).[65] Alexander v. State, 102 So. 597 (Ala. Ct. App. 1925).[66] See State v. Helmenstein, 163 N.W.2d 85, 89 (N.D. 1968).[67] See generally Dennis J. Baker, Complicity, Proportionality,......
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§ 30.04 ACCOMPLICE LIABILITY: ASSISTANCE
...might have been different had S booed at the concert.[64] . State v. Duran, 526 P.2d 188 (N.M. Ct. App. 1974).[65] . Alexander v. State, 102 So. 597 (Ala. Ct. App. 1925).[66] . See State v. Helmenstein, 163 N.W.2d 85, 89 (N.D. 1968).[67] . See generally Dennis J. Baker, Complicity, Proporti......
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TABLE OF CASES
...650 (N.C. 1922), 375 Adkins, State v., 96 So. 3d 412 (Fla. 2012), 140 Aiken, People v., 828 N.E.2d 74 (N.Y. 2005), 219 Alexander v. State, 102 So. 597 (Ala. Ct. App. 1925), 445 Alexander v. State, 447 A.2d 880 (Md. Ct. Spec. App. 1982), 244 Alexander, Commonwealth v., 531 S.E.2d 567 (Va. 20......