Jernigan v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Bullock. Tried before the Hon. J. M. Chilton. The appellant, Aii’ica Jernigan, was indicted for selling or conveying forty bundles of oats, upon which he had given a written mortgage or lien.
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Appeal from the Circuit Court of Bullock. Tried before the Hon. J. M. Chilton. The appellant, Aii’ica Jernigan, was indicted for selling or conveying forty bundles of oats, upon which he had given a written mortgage or lien. Nix, State’s witness, testified defendant had given him a note and mortgage — that said note and mortgage had been left by him with his two attorneys for use in a civil suit against defendant; witness afterwards called at the office of his two attorneys to get said note and mortgage, but after diligent search made for them in his presence by said attorneys they could not…
1Opinion of the CourtStone, C. J.
— In accounting for the absence of a writing, material testimony in the cause, so as to let in secondary evidence of its contents, no universal rule can be declared which will be applicable to every case. The testimony is addressed to the presiding judge, and he pronounces on its sufficiency. He must be reasonably convinced that it has been destroyed, is lost, or is beyond the reach of the court’s process. A material inquiry in such cases is, whether or not there was a probable motive for withholding this highest and best evidence. Whenever the court is able to answer this inquiry in the…
2Cases cited3 opinions
- Donegan v. WadeSupreme Court of Alabama · 1881
- Beard v. RyanSupreme Court of Alabama · 1884
- Varnum v. StateSupreme Court of Alabama · 1884
3Cited by8 opinions
- Boswell v. LandSupreme Court of Alabama · 1927
- Saunders v. Tuscumbia Roofing & Plumbing Co.Supreme Court of Alabama · 1906
- Dean v. StateAlabama Court of Appeals · 1940
- Medley v. StateAlabama Court of Appeals · 1932
- King v. Scheuer & BrotherSupreme Court of Alabama · 1894
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