Matthews v. State
Supreme Court of Alabama
Appeal from tbe Criminal Court of Jefferson. Tried before tbe HoN. S. E. Greene. Tbe appellant, Kid Matthews, was tried for grand larceny, and convicted.
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Appeal from tbe Criminal Court of Jefferson. Tried before tbe HoN. S. E. Greene. Tbe appellant, Kid Matthews, was tried for grand larceny, and convicted. On tbe trial in January, 1892, as shown by tbe bill of exceptions, tbe State having introduced proof that one J. F. Miley was then living at West Point, Mississippi, and bad been living there since November, 1891, the questions in reference to the admission in evidence of his testimony on the preliminary examination of the defendant were raised in the manner stated in the opinion. cited Pruitt v. State, 92 Ala. 41; Perry v. State, 87 Ala.…
1Opinion of the CourtWalkeb., J.
The principal questions in this case arose in the admission of proof of the testimony one Miley, who was examined as a witness on the preliminary examination of the defendant, but was residing out of the State at the time of the trial.
When a witness is beyond the jurisdiction of the court at the time of the trial, having removed from the State perrna1 nently or for an indefinite time, secondary evidence is admissible to prove what he had previously deposed to, on the preliminary investigation of the same case before a committing magistrate. — Pruitt v. The State, 92 Ala. 41; Perry v. State,…
2Cases cited6 opinions
- Lowe v. StateSupreme Court of Alabama · 1888
- South v. StateSupreme Court of Alabama · 1888
- Davis v. StateSupreme Court of Alabama · 1850
- Pruitt v. StateSupreme Court of Alabama · 1890
- Tharp v. StateSupreme Court of Alabama · 1849
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Sanford v. StateSupreme Court of Alabama · 1904
- Hines v. MiniardSupreme Court of Alabama · 1922
- Percy v. StateSupreme Court of Alabama · 1899
- Davis v. StateSupreme Court of Alabama · 1910
- Stanfield v. StateAlabama Court of Appeals · 1912
2 more not listed; retrieve them via the Exa API.