Walker v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Elmore. Tried before the Hon. James Q. Smith. Defendant, Esley Walker, was indicted at tbe spring term of said court, and trial was bad on the plea of “not guilty.”
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Appeal from the Circuit Court of Elmore. Tried before the Hon. James Q. Smith. Defendant, Esley Walker, was indicted at tbe spring term of said court, and trial was bad on the plea of “not guilty.” The evidence was that the mill-house of one J. C. West-brook had been broken into sometime in the summer of 1876, by some person who effected the breaking by boring through the floor of said house with an auger, one and one-eighth inch in diameter, which had been kept in a shop near such mill-honse; a hole was bored through the bottom of a hogshead which was standing on the floor of said house,…
1Opinion of the CourtBItlOKELL, C. J.
1-2. It is a general rule that a witness must state facts and cannot state bis opinion as to tbeir existence. There are exceptions to the rule, and among others, that as to matters with which he is specially acquainted, but which cannot be specifically described, a witness may express an opinion, which the jury must take in connection with the facts on which it is based. — 1 Whart. Ev. § 512. Within this exception, falls the evidence to the admissibility of which objection was made. The identity of the wheat stolen with that taken to the mill by the defendant, was a material inquiry. The…
2Cited by23 opinions
- Mitchell v. StateSupreme Court of Alabama · 1891
- Thornton v. StateSupreme Court of Alabama · 1896
- McKee v. StateSupreme Court of Alabama · 1886
- Humber v. StateAlabama Court of Appeals · 1923
- Padgett v. StateCourt of Criminal Appeals of Alabama · 1972
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