Willingham v. State
Alabama Court of Appeals
Appeal from Randolph Circuit Court. Heard before Hon. S. L. Brewer. Tom Willingham was convicted of violating the prohibition law and he appeals.
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Appeal from Randolph Circuit Court. Heard before Hon. S. L. Brewer. Tom Willingham was convicted of violating the prohibition law and he appeals. The court was not in error in requiring defendant on cross-examination to answer as to his prior conviction for violating the prohibition law, as it tended to show the character of the sale charged. — Pearce v. State, 40 Ala. 720. It was also admissible to show intent.- — Ingram v. State, 89 Ala. 249 ; Pike v. State, 51 S. W. 395. The bill of exceptions does not purport to set out all the evidence, ánd the court will presume any state of the…
1Opinion of the CourtThomas, J.
The defendant, who ivas tried and convicted of selling whisky, was, as a witness for himself on cross-examination by the state, required by the court, over the timely objection and exception of defendant’s counsel, to answer, which he did affirmatively, *162if lie had not last year been convicted in that county of selling or keeping for sale intoxicating liquors.
Such evidence was entirely immaterial to any issue before the jury on the present trial and was, we do not doubt, highly prejudicial to the case of the defendant. The court was in error in admitting such evidence before the jury. —…
2Cases cited1 opinion
- Hammock v. StateAlabama Court of Appeals · 1913
3Cited by7 opinions
- Robertson v. StateAlabama Court of Appeals · 1940
- Yates v. StateSupreme Court of Alabama · 1944
- Lyles v. StateAlabama Court of Appeals · 1921
- Tapscott v. StateAlabama Court of Appeals · 1921
- Hill v. City of PrattvilleAlabama Court of Appeals · 1915
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