State v. Wisdom
Supreme Court of Alabama
Indictment for negro stealing, tried before Harris, J. The prisoner'was indicted for negro stealing, ata térm of the Circuit court of Dallas county : on his application, the venue was changed to Wilcox county, where he was tried, convicted, and sentenced to death, by the Circuit court of the latter county.
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Indictment for negro stealing, tried before Harris, J. The prisoner'was indicted for negro stealing, ata térm of the Circuit court of Dallas county : on his application, the venue was changed to Wilcox county, where he was tried, convicted, and sentenced to death, by the Circuit court of the latter county. Several questions were reserved by the presiding judge, for the consideration of this court, which may be stated in the following order:— . 1. A witness was introduced on behalf of the State, who testified, that about the first of April, a few days before the larceny charged in the…
1Opinion of the Court
GOLDTIIWAITE, J.-
-The correctness of thq several decisions made by the Circuit court, on the questions reserved by it, will be considered in the order in which they are presented.
1. The general rule on the subject of permitting testimony to be given of matters not alleged, is, that nothing shall he given in evidence, which does not directly tend to the proof or disproof of the matter in issue. A leading case, illustrative of tiiis principle, is cited in Philips’ *516Evidence, p. 170 — Upon an indictment for an infamous crime, an admission, by the defendant, that he had committed such an offence…
2Cases cited1 opinion
- Harlan v. PeopleMichigan Supreme Court · 1843
3Cited by13 opinions
- Ingram v. StateSupreme Court of Alabama · 1864
- Karr v. StateSupreme Court of Alabama · 1894
- Sylvester v. StateSupreme Court of Alabama · 1882
- Martin, Dumee & Co. v. Brown, Shipley & Co.Supreme Court of Alabama · 1883
- Williams v. StateSupreme Court of Georgia · 1878
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