Lett v. State
Supreme Court of Alabama
Appeal from Conecuh Circuit Court. Tried before Hon. J. R. Tyson. Abb Lett ivas indicted for larceny. As a predicate for the introduction of the evidence of a Avitness given on the preliminary trial of the defendant in this case, the state piwed that about tAVO months before the present trial the Avitness aauis seen in Pensacola,. Florida; and that “about íavo years ago,” at the time of the said preliminary trial, lie declared that he resided in Pensacola; and that the…
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Appeal from Conecuh Circuit Court. Tried before Hon. J. R. Tyson. Abb Lett ivas indicted for larceny. As a predicate for the introduction of the evidence of a Avitness given on the preliminary trial of the defendant in this case, the state piwed that about tAVO months before the present trial the Avitness aauis seen in Pensacola,. Florida; and that “about íavo years ago,” at the time of the said preliminary trial, lie declared that he resided in Pensacola; and that the sheriff could not find him in the county. cited Harris v:State, 73 Ala. 495; South v. State, 86 Ala. 617; Blacknian .v.…
1Opinion of the CourtDowdell, J.
— It has now become a settled question by the decisions of this court, that where a witness, who has been examined in a criminal case before a competent tribunal, cannot be subsequently found, after diligent search, Avithin the jurisdiction of the court, or is shown to be dead, insane, or that his place of permanent residence is without the State, it is admissible to prove the substance of the evidence given by him upon the former trial. — Burton v. State, 115 Ala. 10; Mitchell v. State, 114 Ala..3, 4; Burton v. State, 107 Ala. 73; Lowery v. State, 98 Ala. 47; Pruitt v. State, 92 Ala. 42, 43;…
2Cases cited4 opinions
- Burton v. StateSupreme Court of Alabama · 1896
- Perry v. StateSupreme Court of Alabama · 1888
- Lowe v. StateSupreme Court of Alabama · 1888
- Burton v. StateSupreme Court of Alabama · 1894
3Cited by10 opinions
- Morris v. StateSupreme Court of Alabama · 1906
- Reeves v. StateSupreme Court of Alabama · 1956
- Pope v. StateSupreme Court of Alabama · 1913
- Henwood v. PeopleSupreme Court of Colorado · 1914
- McCoy v. StateSupreme Court of Alabama · 1930
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