Cook v. State
Alabama Court of Appeals
Appeal from Circuit Court, Houston County; H. A. Pearce, Judge. Pharoah Cook was convicted of petit/larceny, and he appeals. The fact that the court permitted the witness Barton to testify that defendant told him that the mule broke one down in tbe back, and the sow laid on the other and killed it, was error, because it was inculpatory admission on the part of the defendant. 171 Ala. 19, 55 South. 159; 144 Ala. 106, 42 South. 30; 2 Ala.
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Appeal from Circuit Court, Houston County; H. A. Pearce, Judge. Pharoah Cook was convicted of petit/larceny, and he appeals. The fact that the court permitted the witness Barton to testify that defendant told him that the mule broke one down in tbe back, and the sow laid on the other and killed it, was error, because it was inculpatory admission on the part of the defendant. 171 Ala. 19, 55 South. 159; 144 Ala. 106, 42 South. 30; 2 Ala. App. 175, 56 South. 64. The testimony as to whether Mhrvin Brown paid any attention to the pigs, and the testimony of Goodwin as to whether he knew anything…
1Opinion of the Court
The prosecution was begun September 8, 1919. The testimony of E. Branton, the prosecuting witness, shows that the larceny took place on January, 1918, more than 12 months before the finding of the indictment, and upon this the defendant requests affirmative instruction for an acquittal. If this were all the testimony, the charge should have been given, but other witnesses gave testimony tending to prove that the pigs were stolen in January, 1919. The general affirmative charge is based upon a consideration of all the evidence in the case. Cohen v. State, 16 Ala. App. 522, 79 So. 621.
As to…
2Cases cited5 opinions
- McGehee v. StateSupreme Court of Alabama · 1911
- Ray v. StateAlabama Court of Appeals · 1918
- Cohen v. StateAlabama Court of Appeals · 1918
- Hendrix v. StateAlabama Court of Appeals · 1914
- Stith Coal Co. v. HarrisAlabama Court of Appeals · 1915
3Cited by2 opinions
- James v. StateAlabama Court of Appeals · 1922
- Trammell v. City of RoanokeAlabama Court of Appeals · 1930