Lucas v. State
Supreme Court of Alabama
Appeal from tbe Criminal Court of Jefferson. Tried before tbe Hon. S. E. GreeNE. Tbe nature of tbe indictment in tbis case is stated in tbe opinion. There.was evidence tending to show that the defendant stole from a car of the Richmond & Danville Railroad Company “the property mentioned in the indictment.”
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Appeal from tbe Criminal Court of Jefferson. Tried before tbe Hon. S. E. GreeNE. Tbe nature of tbe indictment in tbis case is stated in tbe opinion. There.was evidence tending to show that the defendant stole from a car of the Richmond & Danville Railroad Company “the property mentioned in the indictment.” The testimony of one of the witnesses for tile State,--As stated in the bill of exceptions, tended to show that, when the defendant was arrested, '“the silver watch mentioned in the indictment was found in his possession.” The defendant requested the following written charges, and…
1Opinion of the CourtColeman, J.
The defendant was indicted for burglary of a railroad car, and in the second count for larceny from a railroad car. He was convicted on the second count.
At a preliminary examination of the defendant, Dock Tilly was examined as a witness by • the State, and his testimony reduced to writing. On the trial after the indictment,'Dock Tilly" was absent, and against the objection's of the defendant, his testimony given on the preliminary examination was admitted against him.
The rule in such cases is, that if a witness dies, or becomes insane, or has gone beyond the jurisdiction of the State.…
2Cases cited2 opinions
- Pruitt v. StateSupreme Court of Alabama · 1890
- Sheppard v. StateSupreme Court of Alabama · 1868
3Cited by18 opinions
- Warren v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Thompson v. StateSupreme Court of Alabama · 1894
- Robertson v. StateCourt of Criminal Appeals of Texas · 1911
- Putnal v. StateSupreme Court of Florida · 1908
- Mitchell v. StateSupreme Court of Alabama · 1896
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