Raymond v. State
Supreme Court of Alabama
■Appeal from Jefferson Criminal Court. Heard before Hon. D. A. Greene. George Raymond, alias, etc., was convicted of larceny from the person, for taking a pair of gloves, a money purse, and money from Harriet E. Hewitt, and lie appeals.
1Opinion of the CourtTyson, C. J.
It is undoubtedly the law that the silence of the defendant is not competent evidence against him, as an admission of the truthfulness of a statement of another made to him or in his presence, unless the statement was of such a character as to call for a reply by him; and it must also appear that the accusing statement, made to him or in his presence, was under such circumstances that he had a right to deny the truthfulness of the charge made against him. But the fact alone that defendant was under arrest at the time the incriminating statement was made calling for his denial does not, in…
2Cases cited2 opinions
- Kelley v. . People of the State of N.Y.New York Court of Appeals · 1874
- McElroy v. StateSupreme Court of Alabama · 1883
3Cited by27 opinions
- Flurry v. StateCourt of Criminal Appeals of Alabama · 1973
- Powell v. StateAlabama Court of Appeals · 1912
- Kennedy v. StateAlabama Court of Appeals · 1958
- Kilpatrick v. StateCourt of Criminal Appeals of Alabama · 1973
- Stephen S. Kelley v. United StatesCourt of Appeals for the D.C. Circuit · 1956
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