Abel v. State
Supreme Court of Alabama
From tbe Circuit Court of Marshall. Tried before the Hon. John B. Tally. The indictment in this case charged that the defendant, "W. Gr. Abel, “ did engage in, or carry on the business of a Avholesale dealer in spirituous, vinous, or malt liquors, without a license, and contrary to law.”
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From tbe Circuit Court of Marshall. Tried before the Hon. John B. Tally. The indictment in this case charged that the defendant, "W. Gr. Abel, “ did engage in, or carry on the business of a Avholesale dealer in spirituous, vinous, or malt liquors, without a license, and contrary to law.” On the trial, as the bill of exceptions shows, the State introduced one Siegler as a witness, who testified, in substance, that during the time covered by the indictment he got a bottle of whiskey from the defendant, or at his house, on two occasions: the first time for one Williams, at his request, when the…
1Opinion of the Court
COLEMAN, J-
The indictment charges the defendant with a violation of the Revenue Law, as a wholesale liquor-dealer. During the trial, on cross-examination, the defendant asked a witness, “ If it was not the reputation in the community that one Clark was at the time boarding at the defendant’s?” Upon objection, the court refused to permit the witness to answer. The rule is, that hearsay evidence (and such fe the evidence of reputation) is inadmissible, to establish any specific fact capable of direct proof by witnesses, speaking from their own knowledge; and when the rule is relaxed, it is from…
2Cases cited3 opinions
- Wooster v. StateSupreme Court of Alabama · 1876
- McPherson v. StateSupreme Court of Alabama · 1875
- Lemons & Martin v. StateSupreme Court of Alabama · 1874
3Cited by15 opinions
- Nashville, Chattanooga & St. Louis Railway v. City of AttallaSupreme Court of Alabama · 1897
- State v. PistonaWashington Supreme Court · 1923
- Gamble v. City CouncilSupreme Court of Alabama · 1906
- Nelson v. StukeyMontana Supreme Court · 1931
- Beickler ex rel. Beickler v. GuentherSupreme Court of Iowa · 1903
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