McClellan v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Calhoun Tried before the lion. George E. Brewer. The appellant was indicted, tried and convicted for selling spiritous, vinous and malt liquors without a license, and contrary to law.
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Appeal from the Circuit Court of Calhoun Tried before the lion. George E. Brewer. The appellant was indicted, tried and convicted for selling spiritous, vinous and malt liquors without a license, and contrary to law. On the trial of the case, as is -shown by the bill of exceptions, the State introduced as a witness, one Bray, who testified that in November, prior to the finding of the indictment, he was in the town of Alexandria, -where the defendant kept a store; that he went to the defendant’s store and asked him for whiskey, and defendant told him he did not have any; that thereupon he…
1Opinion of the CourtBrickell, C. J.
1. A specific objection to evidence illegal or irrelevant on its face, has never been deemed necessary. — 1 Brick. Dig. 887, § 1189; Washington v. State, 106 Ala. 58; Gunter v. State, 111 Ala. 23. Within this category, falls the conversation between the witness Bray and one Martin, before going to the defendant’s house or place of business. As to the defendant the conversation -was mere res inter alios acta by which he cannot, and ought not to be affected.
*1452. The refusal of the court to put the witness Bray under the rule, compelling his withdrawal from the courtroom, was matter resting in…
2Cases cited7 opinions
- Jordan v. StateSupreme Court of Alabama · 1886
- Gunter v. StateSupreme Court of Alabama · 1895
- Ala. Great Southern Railroad v. FrazierSupreme Court of Alabama · 1890
- Washington v. StateSupreme Court of Alabama · 1894
- McGuff v. StateSupreme Court of Alabama · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Wilson v. StateSupreme Court of Alabama · 1942
- Braham v. StateSupreme Court of Alabama · 1904
- Ex Parte StateSupreme Court of Alabama · 1923
- Teague v. StateSupreme Court of Alabama · 1944
- Montgomery v. StateAlabama Court of Appeals · 1920
30 more not listed; retrieve them via the Exa API.