Brown v. State
Supreme Court of Alabama
From the City Court of Birmingham. Tried before the Hon. H. A. Siiarpe. The indictment in this case charged that the defendant did willfully set fire to or burn a house or building, the property of Fred Sloss, Macklin Sloss and A. W. Smith, “ which was at the time used for storing tools, oils and mining implements, and sheltering the scales for weighing coal;” or, as described in the second conut, “which was constructed and used as a coal-chute.”
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From the City Court of Birmingham. Tried before the Hon. H. A. Siiarpe. The indictment in this case charged that the defendant did willfully set fire to or burn a house or building, the property of Fred Sloss, Macklin Sloss and A. W. Smith, “ which was at the time used for storing tools, oils and mining implements, and sheltering the scales for weighing coal;” or, as described in the second conut, “which was constructed and used as a coal-chute.” On the trial, as the bill of exceptions shows, the State having proved the burning of the coal-chute on a night in the month of August, 18S5, and…
1Opinion of the CourtOlopton, J.
A witness may be impeached, not only by proving that, at other times, he has made statements contradictory of, or inconsistent with those he makes on the trial, but also by proving that, on a former occasion, and under circumstances when it was his duty to state the whole truth, he omitted in his statement facts to which he testifies on the trial. The admissibility of the impeaching evidence depends on the question, whether the former statement was made under such circumstances that the duty to tell the whole truth arose. An omission, when such duty arises, may oi-iginate a presumption that…
2Cases cited4 opinions
- Payne v. StateSupreme Court of Alabama · 1877
- Ray v. BellIllinois Supreme Court · 1860
- Perry v. BreedMassachusetts Supreme Judicial Court · 1875
- Briggs v. TaylorSupreme Court of Vermont · 1862
3Cited by9 opinions
- Southern Railway Co. v. WilliamsSupreme Court of Alabama · 1896
- Bigham v. StateSupreme Court of Alabama · 1919
- Green v. StateSupreme Court of Alabama · 1937
- Peoples Shoe Co. v. SkallySupreme Court of Alabama · 1916
- Page v. StateAlabama Court of Appeals · 1960
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