State v. Truss
Supreme Court of Alabama
Error to the Circuit court of Talladega. Indictment for malicious mischief — tried by Judge A. Martin. In this case, the defendant was indicted for unlawfully, wilfully and maliciously killing four hogs, the property of John B. Tuck. Defendant plead the general issue. On the trial, the competency of the witness, who was also the prosecutor — Tuck—was objected to.
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Error to the Circuit court of Talladega. Indictment for malicious mischief — tried by Judge A. Martin. In this case, the defendant was indicted for unlawfully, wilfully and maliciously killing four hogs, the property of John B. Tuck. Defendant plead the general issue. On the trial, the competency of the witness, who was also the prosecutor — Tuck—was objected to. The witness then, under seal, transferred his interest in the suit to the trustees of the Talladega Female Academy— who accepted of it. He was then permitted to give evidence. The question concerning the competency of the witness,…
1Opinion of the CourtGoldthwaite, J.
The question referred by the Circuit court of Talladega county is, whether the prosecutor, Tuck, was a competent witness to give evidence *127against the defendant, under the circumstances disclosed by the record.
The indictment, in this case, is for malicious mischief; and the act of assembly provides, that every person offending against its provisions, shall, on conviction, be lined in such sum as the jury, trying the indictment, may assess, not exceeding fourfold the yalue of the property injured or destroyed, and imprisoned in the common jail of the county any length of time, at the discretion…
2Cited by6 opinions
- Gassenheimer v. StateSupreme Court of Alabama · 1875
- Bohannon v. StateSupreme Court of Alabama · 1882
- Hall v. StateSupreme Court of Alabama · 1875
- Dixon v. StateAlabama Court of Appeals · 1959
- Dixon v. StateAlabama Court of Appeals · 1959
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