Cockrell v. State

• Decision Date: 20 January 1925
• Docket Number: 6 Div. 460
• Citation: 20 Ala.App. 490,103 So. 93
• Parties: COCKRELL et al. v. STATE.
• Court: Alabama Court of Appeals

103 So. 93

20 Ala.App. 490

COCKRELL et al. v. STATE.

6 Div. 460

Court of Appeals of Alabama

January 20, 1925

Rehearing Denied Feb. 17, 1925

Appeal from Circuit Court, Jefferson County; William E. Fort, Judge.

H.G Cockrell and Allen Ware were convicted of grand larceny, and they appeal.Affirmed.

Altman & Taylor, of Birmingham, and Fred G. Koenig, of Columbiana for appellants.

Harwell G. Davis, Atty. Gen., for the State.

PER CURIAM.

The appellants were convicted of grand larceny.

The exceptions reserved to the admission of evidence are obviously without merit.

The evidence was sufficient, if believed by the jury beyond a reasonable doubt, to justify the verdict of guilty.

The written charge requested by the defendants was properly refused.It was inaptly drawn.Evidently the word "doubt," where it first appears in the charge should have been written "guilt."This court cannot substitute "guilt" for "doubt."It was the duty of the trial judge to give or refuse charges requested in writing in the terms in which they were written.Section 5364,Code 1907, and authorities cited.

The evidence introduced on the hearing of the motions for a new trial reveals:

(1) That the defendantsH.G. Cockrell and Allen Ware, and one A.W. Willis, were indicted separately for the larceny of an automobile.The evidence on the trial tended to show that the defendants were riding on the front seat of the stolen car and A.W. Willis was riding on the rear seat.

(2) That three jurors who sat on the jury that acquitted Willis were on the jury that convicted Cockrell and Ware.

(3) That Mr. Luther Patrick, the attorney who represented the defendants on the trial and who selected the jury to try the defendants, was not present when the said Willis was tried and did not know that three jurors whom he selected as a part of the jury to try the defendants had served on the jury that acquitted Willis, who was charged with the same offense with which the defendants were charged.The testimony of Mr Patrick was as follows:

"I represented Allen Ware and H.G. Cockrell in the cases in which they were tried for grand larceny.We had a struck jury and I selected the jury.I was not present during the Willis trial.I did not know that John F. Carlisle, Frank R Kelley, and W.G. Mushat served on the Willis case.I got hold of the wrong check.I did not know, I think, until I was just about through striking the jury, that these men had served on the other case; anyway, I let it go as it stood--I found it out in the course of

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