Hardin v. State
Citation | 109 Ala. 50,19 So. 494 |
Parties | HARDIN v. STATE. |
Decision Date | 28 January 1896 |
Court | Supreme Court of Alabama |
Appeal from criminal court, Pike county; William H. Parks, Judge.
Dock Hardin was convicted of gaming on Sunday, and having excepted to the overruling of his motion for a new trial, appeals. Affirmed.
D. A. Baker, for appellant.
W. C. Fitts, Atty. Gen., for the State.
The defendant was convicted of gaming on Sunday. The defendant moved to arrest the judgment, upon the ground that the prosecution was commenced upon affidavit made and warrant issued by a justice of the peace, returnable to the criminal court of Pike county. The statutes [1] authorize it, and the question has been adjudicated. Walker v. State, 89 Ala. 74, 8 So. 144.
This court has no jurisdiction to review motions for new trials in criminal cases. If the defendant had requested the court, in writing, to give the affirmative charge, and it had been refused, the refusal would have been error. The testimony in the record is insufficient to show the corpus, that there were probable grounds for believing the fact that the offense had been committed. A mere confession will not authorize a conviction, unless, independent of the confession, the evidence is sufficient to authorize the conclusion beyond a reasonable doubt that the offense has been committed. In the condition of the record, the defendant must apply to the executive department for relief. Affirmed.
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Notes:
[1] Code 1886, § 4204, provides that if one, desiring to charge another with a misdemeanor before the county court, makes affidavit that he believes that such person has committed an offense on the person or property of another, the county judge or justice of the peace shall issue his warrant of arrest; and Act Feb. 25, 1889, § 3, creating the criminal court of Pike county, makes this section of the Code apply to that court.
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