Hill v. State, 7 Div. 224.

CourtSupreme Court of Alabama
Writing for the CourtSOMERVILLE, J.
Citation93 So. 460,207 Ala. 444
PartiesHILL v. STATE.
Decision Date04 May 1922
Docket Number7 Div. 224.

93 So. 460

207 Ala. 444

HILL
v.
STATE.

7 Div. 224.

Supreme Court of Alabama

May 4, 1922


Appeal from Circuit Court, Talladega County; S.W. Tate, Special Judge.

Will Hill was convicted of murder in the first degree, and he appeals. Reversed and remanded. [93 So. 461]

Earle Montgomery, of Talladega, for appellant.

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

SOMERVILLE, J.

In every criminal prosecution the burden is on the state to prove beyond a reasonable doubt that the crime charged has been in fact committed, and that the accused is the person who committed it. Winslow v. State, 76 Ala. 42, 47; Smith v. State, 133 Ala. 145, 150, 31 So. 806, 91 Am. St. Rep. 21; Perry v. State, 155 Ala. 93, 46 So. 470; Sanders v. State, 167 Ala. 85, 52 So. 417, 28 L. R. A. (N. S.) 536.

Circumstantial evidence any afford satisfactory proof of the corpus delicti; and if any facts are shown from which the jury may reasonably infer that the crime has been committed, the question must be submitted to the jury, and other evidence tending to implicate the accused is thereby rendered admissible. Cases supra; Matthews v. State, 55 Ala. 187; Ryan v. State, 100 Ala. 94, 14 So. 868.

But a mere extrajudicial confession, uncorroborated by other facts, is not sufficient to show the corpus delicti, and cannot support a conviction. Johnson v. State, 142 Ala. 1, 37 So. 937; Patterson v. State, 202 Ala. 65 (9), 79 So. 459; Matthews v. State, 55 Ala. 187, 195 [93 So. 462.] "Evidence of facts and circumstances, attending the particular offense, and usually attending the commission of similar offenses-or of facts to the discovery of which the confession has led, and which would not probably have existed if the offense had not been committed-or of facts having a just tendency to lead to mind of the conclusion that the offense has been committed-would be admissible to corroborate the confession. The weight which would be accorded them, when connected with the confession, the jury must determine, under proper instructions from the court."

Under the decisions of this court above noted, it must be considered as settled that inconclusive facts and circumstances tending prima facie to show the corpus delicti may be aided by the admissions or confession of the accused so as to satisfy the jury beyond a reasonable doubt, and so to support a conviction, although such facts and circumstances, standing alone, would not thus satisfy the jury of the existence of the...

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67 practice notes
  • Smith v. State, CR-89-1290
    • United States
    • Alabama Court of Criminal Appeals
    • September 20, 1991
    ...such facts and circumstances, standing alone, would not thus satisfy the jury of the existence of the corpus delicti." Hill v. State, 207 Ala. 444, 93 South. 460; Matthews v. State, 55 Ala. 187; Ryan v. State, 100 Ala. 94, 14 South. 868; 16 Corpus Juris, § 1514, p. "Arthur v. State, 19 Ala.......
  • Bracewell v. State, 4 Div. 662
    • United States
    • Alabama Court of Criminal Appeals
    • November 12, 1986
    ...such facts and circumstances, standing alone, would not thus satisfy the jury of the existence of the corpus delicti. Hill v. State, 207 Ala. 444, 93 So. 460 (1922); Bryant v. State, 33 Ala.App. 346, 33 So.2d 402 "Circumstantial evidence may afford satisfactory proof of the corpus delicti. ......
  • Watters v. State, 6 Div. 730
    • United States
    • Alabama Court of Criminal Appeals
    • May 30, 1978
    ...such facts and circumstances, standing alone, would not thus satisfy the jury of the existence of the corpus delicti. Hill v. State, 207 Ala. 444, 93 So. 460 (1922); Bryant v. State, 33 Ala.App. 346, 33 So.2d 402 Circumstantial evidence may afford satisfactory proof of the corpus delicti. T......
  • Twilley v. State, 6 Div. 341
    • United States
    • Alabama Court of Criminal Appeals
    • March 26, 1985
    ...(Ala.Crim.App.), cert. denied, 380 So.2d 341 (Ala.1980), cert. denied, 449 U.S. 842, 101 S.Ct. 121, 66 L.Ed.2d 49 (1980); Hill v. State, 207 Ala. 444, 93 So. 460 (1922). The weight and probative value of the evidence was for the jury to determine. Allen v. State, supra; Baldwin v. State, 34......
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67 cases
  • Smith v. State, CR-89-1290
    • United States
    • Alabama Court of Criminal Appeals
    • September 20, 1991
    ...such facts and circumstances, standing alone, would not thus satisfy the jury of the existence of the corpus delicti." Hill v. State, 207 Ala. 444, 93 South. 460; Matthews v. State, 55 Ala. 187; Ryan v. State, 100 Ala. 94, 14 South. 868; 16 Corpus Juris, § 1514, p. "Arthur v. State, 19 Ala.......
  • Bracewell v. State, 4 Div. 662
    • United States
    • Alabama Court of Criminal Appeals
    • November 12, 1986
    ...such facts and circumstances, standing alone, would not thus satisfy the jury of the existence of the corpus delicti. Hill v. State, 207 Ala. 444, 93 So. 460 (1922); Bryant v. State, 33 Ala.App. 346, 33 So.2d 402 "Circumstantial evidence may afford satisfactory proof of the corpus delicti. ......
  • Watters v. State, 6 Div. 730
    • United States
    • Alabama Court of Criminal Appeals
    • May 30, 1978
    ...such facts and circumstances, standing alone, would not thus satisfy the jury of the existence of the corpus delicti. Hill v. State, 207 Ala. 444, 93 So. 460 (1922); Bryant v. State, 33 Ala.App. 346, 33 So.2d 402 Circumstantial evidence may afford satisfactory proof of the corpus delicti. T......
  • Twilley v. State, 6 Div. 341
    • United States
    • Alabama Court of Criminal Appeals
    • March 26, 1985
    ...(Ala.Crim.App.), cert. denied, 380 So.2d 341 (Ala.1980), cert. denied, 449 U.S. 842, 101 S.Ct. 121, 66 L.Ed.2d 49 (1980); Hill v. State, 207 Ala. 444, 93 So. 460 (1922). The weight and probative value of the evidence was for the jury to determine. Allen v. State, supra; Baldwin v. State, 34......
  • Request a trial to view additional results

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