Stewart v. State
Supreme Court of Alabama
From the Circuit Court of Bullock. Tried before the Hon. H. D. Clayton. The defendant in this case was indicted, jointly with one James Williams, for breaking into and entering the dwelling-house of Spelmau L. Latham, with intent to steal. The defendant, being on trial alone, pleaded not guilty; and issue was joined on that plea.
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From the Circuit Court of Bullock. Tried before the Hon. H. D. Clayton. The defendant in this case was indicted, jointly with one James Williams, for breaking into and entering the dwelling-house of Spelmau L. Latham, with intent to steal. The defendant, being on trial alone, pleaded not guilty; and issue was joined on that plea. During his trial, he reserved a bill of exceptions, on which the case is brought to this court, and which is as follows : “ The State introduced one Farrior as a witness, who testified, that he lived about seventy yards from the house of said S. L. Latham; that, on…
1Opinion of the CourtStone, J.
As a general rule, one charged with crime can not make evidence for himself, by proof of his own declarations. There are exceptions to this rule; such, for instance, as words which are themselves a part of an act, and thus tend to explain it. These are admitted as a part of the res gestae. The question in this case, which the witness was not allowed to answer, was very general in its ■ terms. Almost anything the accused may have said, tending to show why he came, or where he was when the pistol was fired and heard by him, or what information he had received which induced him to come, or for…
2Cited by13 opinions
- Burns v. CampbellSupreme Court of Alabama · 1882
- Roberts v. StateSupreme Court of Alabama · 1881
- Ferguson v. StateSupreme Court of Alabama · 1901
- Billingslea v. StateSupreme Court of Alabama · 1881
- Dominique Ray v. State of Alabama.Court of Criminal Appeals of Alabama · 2011
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