Berness v. State
| Decision Date | 09 October 1958 |
| Docket Number | 8 Div. 945 |
| Citation | 113 So.2d 183,269 Ala. 694 |
| Parties | Francis Louis BERNESS v. STATE. |
| Court | Alabama Supreme Court |
Certiorari to Court of Appeals.
T. Eugene Burts, Florence, for petitioner.
John Patterson, Atty. Gen., and Edmon L. Rinehart, Asst. Atty. Gen., opposed.
Petition of Francis Louis Berness for certiorari to the Court of Appeals to review and revise the judgment and decision of that Court in Berness v. State, 113 So.2d 178.
Writ denied.
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6 cases
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Jackson v. State
...Stokley v. State, [254 Ala. 534, 49 So. 2d 284 (1951)]; Berness v. State, 40 Ala. App. 198, 113 So.2d 178, cert. denied, 269 Ala. 694, 113 So.2d 183 (1959). 'In the gestative stage those who act jointly in and about the commission of a crime are denoted as conspirators. ... Our penal code m......
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Jackson v. State
...v. State, [254 Ala. 534, 49 So.2d 284 (1951) ]; Berness v. State, 40 Ala.App. 198, 113 So.2d 178 [ (1958) ], cert. denied, 269 Ala. 694, 113 So.2d 183 (1959). ‘In the gestative stage those who act jointly in and about the commission of a crime are denoted as conspirators.... Our penal code ......
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Morgan v. State
...reversed on other grounds, 270 Ala. 448, 120 So.2d 124 (1960); Berness v. State, 40 Ala.App. 198, 113 So.2d 178, cert. denied, 269 Ala. 694, 113 So.2d 183 (1959); Burton v. State, 8 Ala.App. 295, 62 So. 394 (1913). Therefore the failure of the trial court to exclude the state's evidence bec......
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Hall v. State
...than may be visited on the other who is also found guilty. Berness v. State, 40 Ala.App. 198, 113 So.2d 178, cert. denied 269 Ala. 694, 113 So.2d 183. The appellant and Laster, by submitting to a joint trial, could not deprive the prosecution of the right to offer inculpatory evidence again......
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