Legal Opinion

Allison v. State

Alabama Court of Appeals

Decided May 9, 1911PublishedCited by 37 opinions

Appeal from Jefferson Criminal Court. Heard before Hon. S. L. Weaver. B. H. Allison was convicted of having sold, offered for sale, kept for sale, or otherwise disposed of, intoxicating liquors contrary to law, and he appeals.

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Appeal from Jefferson Criminal Court. Heard before Hon. S. L. Weaver. B. H. Allison was convicted of having sold, offered for sale, kept for sale, or otherwise disposed of, intoxicating liquors contrary to law, and he appeals. Evidence of a distinct substantive offense is not to be received in support of another offense, although similar, nor can evidence of offenses subsequent to the time of the offense charged or the issuance of the indictment be given. — Gassenheimer v. The State, 52 Ala. 313. The court erred in permitting it to be shown that the witness bought prohibited liquors from…

1Opinion of the Court

de GRAFFENRIED, J.

“A collateral crime may be evidence against the defendant if it is connected with the crime under investigation and forms a part of a general and composite transaction. Where two or more crimes constitute parts of one transaction, so that to prove either necessitates proof of the other, or when the intent is to he proved from circumstances, or where the identity of the accused is in issue, or where several crimes are intermixed or blended with one another or connected so that they form an indivisible criminal transaction, and full proof by testimony, whether direct or…

2Cases cited2 opinions

  1. Downey v. StateSupreme Court of Alabama · 1896
  2. Guarreno v. StateSupreme Court of Alabama · 1906

3Cited by37 opinions

  1. Ex Parte BaldwinSupreme Court of Alabama · 1984
  2. Fuller v. StateSupreme Court of Alabama · 1959
  3. Parsons v. StateSupreme Court of Alabama · 1948
  4. Baldwin v. StateCourt of Criminal Appeals of Alabama · 1983
  5. Grant v. StateSupreme Court of Alabama · 1948

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