Sellers v. State
Supreme Court of Alabama
FROM tbe City Court of Montgomery. Tried before tbe Hon. Thomas M. ArrihgtoN. Joseph S. Sellers and Eobert Sellers were convicted of 'violating a local prohibition law by tbe sale of, liquor outside of tbe police jurisdiction of tbe city of Montgomery. Tbe testimony for tbe State tended to sbow tbat Joseph.
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FROM tbe City Court of Montgomery. Tried before tbe Hon. Thomas M. ArrihgtoN. Joseph S. Sellers and Eobert Sellers were convicted of 'violating a local prohibition law by tbe sale of, liquor outside of tbe police jurisdiction of tbe city of Montgomery. Tbe testimony for tbe State tended to sbow tbat Joseph. S. Sellers and Robert Sellers were carrying on a general merchandise business about eighteen miles distant from tbe city of Montgomery, and tbat Cornelius Sellers was their clerk; tbat on December 25,1891, tbe said Cornelius sold to one George Bonham, for Anderson Flinn, 50 cents worth of…
1Opinion of the CourtHaralson, J.
It is well settled, as a general proposition, that upon the trial of one offense, evidence of another distinct one, though of the same nature, cannot be admitted to show the guilt of the accused.—Ingram v. State, 39 Ala. 247. But, there are well recognized exceptions to this rule, and such evidence is receivable when necessary to prove scienter, to establish identity, or to complete a chain of cir*75cumstantial evidence of guilt, in respect to tbe act charged. Ingram’s case, supra; Yarbrough v. State, 41 Ala. 405; Mason v. State, 42 Ala. 532; Gassenheimer v. State, 52 Ala. 314; Curtis v. State,…
2Cases cited7 opinions
- Ingram v. StateSupreme Court of Alabama · 1864
- Mason & Franklin v. StateSupreme Court of Alabama · 1868
- Yarborough v. StateSupreme Court of Alabama · 1868
- Stanley v. StateSupreme Court of Alabama · 1889
- Perkins v. StateSupreme Court of Alabama · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Morris v. StateAlabama Court of Appeals · 1919
- Rogers v. StateAlabama Court of Appeals · 1919
- McIntosh v. StateSupreme Court of Alabama · 1903
- Moffitt v. PeopleSupreme Court of Colorado · 1915
- Whitley v. StateAlabama Court of Appeals · 1953
2 more not listed; retrieve them via the Exa API.