Waters v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Calhoun. Tried before the Hon. George E. Brewer. The indictment under which the appellant, W. H. Waters was tried and convicted, contained two counts. The first count charged the defendant with the larceny of a cow, the property of J. F. Dearman. The second count, charged the larceny “of a heifer yearling, an animal of the cow kind, the property of J. F. Dearman.”
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Appeal from the Circuit Court of Calhoun. Tried before the Hon. George E. Brewer. The indictment under which the appellant, W. H. Waters was tried and convicted, contained two counts. The first count charged the defendant with the larceny of a cow, the property of J. F. Dearman. The second count, charged the larceny “of a heifer yearling, an animal of the cow kind, the property of J. F. Dearman.” It was shown that the animal the defendant was charged with having stolen belonged to J. F. Dearman. The evidence for the State tended to show that the defendant was guilty as charged in the…
1Opinion of the Court
McOLELLAN,. J.
The action of the court in requiring the defendant to go to trial without putting the State to an admission of what the absent witness, Addis, would testify was matter of discretion; the exercise of which is not revisable.
It will suffice to say of defendant’s objections to the testimony of Holcomb as to the name of Dearman’s yearling that no grounds of objection were stated by the defendant.
It was obviously improper to go into the particulars of the charges upon which defendant had been previously convicted and to retry the issues concluded by the judgments in the former…
2Cases cited1 opinion
- Yeldell v. StateSupreme Court of Alabama · 1893
3Cited by33 opinions
- Culpepper v. StateCourt of Criminal Appeals of Oklahoma · 1910
- Ellis v. StateSupreme Court of Alabama · 1943
- Booth v. StateSupreme Court of Alabama · 1946
- McClain v. StateSupreme Court of Alabama · 1913
- Berry v. StateCourt of Criminal Appeals of Oklahoma · 1910
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