Owens v. State
Supreme Court of Alabama
Prom the Circuit Court of Barbour. Tried before the Hon'. H. D. Clayton. The indictment in this case charged; that the defendant, Brock Owens, “ without legal cause, or good excuse, did enter on the premises of Gilbert McCall, after having been warned, within the six months preceding, not to do so; against the peace,” &c. The cause was tried on issue joined on the plea of not guilty.
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Prom the Circuit Court of Barbour. Tried before the Hon'. H. D. Clayton. The indictment in this case charged; that the defendant, Brock Owens, “ without legal cause, or good excuse, did enter on the premises of Gilbert McCall, after having been warned, within the six months preceding, not to do so; against the peace,” &c. The cause was tried on issue joined on the plea of not guilty. On the trial, as the bill of exceptions states, said McCall was introduced as a witness for the prosecution, and testified, in substance, that he owned a large body of land containing about one thousand acres,…
1Opinion of the CourtStone, J.
— The declarations-.of Milton J. Owens, made' to McCall, the prosecutor, a few days before the alleged trespass, should not have been received. The defendant was not present, and it is not shown that he authorized them to be made, nor even that he was afterwards informed of the interview. Possibility, or even probability, that brothers thus circumstanced would act in concert, or that one would communicate to the other what had taken place, furnishes too uncertain a predicate for the admission of testimony, tending, at most, to prove conduct or conversation of persons, who are strangers to the…
2Cases cited4 opinions
- Crawford v. KirkseySupreme Court of Alabama · 1876
- Hadley v. StateSupreme Court of Alabama · 1876
- Dudley v. WitterSupreme Court of Alabama · 1871
- Watson v. StateSupreme Court of Alabama · 1879
3Cited by17 opinions
- Thornhill v. AlabamaSupreme Court of the United States · 1940
- Harper v. StateSupreme Court of Alabama · 1895
- State v. RaderOregon Supreme Court · 1919
- Bailey v. StateSupreme Court of Alabama · 1909
- Central Iron & Coal Co. v. WrightAlabama Court of Appeals · 1924
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