Gassenheimer v. State
Supreme Court of Alabama
Appeal from Circuit Court of Lee. Tried before Hon. J. E. Cobb. Tbe appellants G. Gassenheimer, S. Gassenbeimer, Joseph Gassenheimer, and Dock Bedell, were indicted ánd convicted for receiving a sack of cotton, the property of J. B. Corr, knowing it had been stolen, &c. The indictment was returned into court on the 7th of November, 1874.' On the trial, the'prosecutor Corr, owner of the property alleged to have been stolen, was introduced as a witness.
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Appeal from Circuit Court of Lee. Tried before Hon. J. E. Cobb. Tbe appellants G. Gassenheimer, S. Gassenbeimer, Joseph Gassenheimer, and Dock Bedell, were indicted ánd convicted for receiving a sack of cotton, the property of J. B. Corr, knowing it had been stolen, &c. The indictment was returned into court on the 7th of November, 1874.' On the trial, the'prosecutor Corr, owner of the property alleged to have been stolen, was introduced as a witness. The defendants objected to his testifying on the ground that he was interested in the event of the suit; whereupon Corr, through counsel,…
1Opinion of the CourtBrickell, C. J.
1. On a conviction for receiving stolen goods, the party injured is not, as the counsel for appellants suppose, entitled to a judgment for the value of the goods, nor *317is any pecuniary penalty imposed for his benefit. He is not, therefore, disqualified as a witness. State v. Trusts, 9 Port. 126.
2. The witness Corr, having testified that he had lost two or three bales of cotton from his cotton-house in the fall and winter of 1874, was properly permitted to state his means of ascertaining the fact — that he knew ft from the weight of the cotton after it was ginned, compared with its weight when…
2Cases cited4 opinions
- Johnson v. StateSupreme Court of Alabama · 1850
- Blevins v. PopeSupreme Court of Alabama · 1845
- Sayre v. DurwoodSupreme Court of Alabama · 1859
- State v. TrussSupreme Court of Alabama · 1839
3Cited by117 opinions
- Fuller v. StateSupreme Court of Alabama · 1959
- Johnson v. StateSupreme Court of Alabama · 1941
- Dennison v. StateAlabama Court of Appeals · 1921
- Brasher v. StateSupreme Court of Alabama · 1947
- Wilkins v. StateAlabama Court of Appeals · 1940
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