Hall v. State
Supreme Court of Alabama
Appeal from Circuit Court of Coffee. Tried before Hon. H. D. Clayton. On the trial of appellant, charged with the larceny of certain bank bills and currency belonging to W. R. Sudgrove, tbe court permitted him, against the objection and exception of defendant, to testify as “a general witness” against tbe accused; and this is now assigned as error. Sudgrove was directly interested, in a pecuniary point of view, in the conviction of defendant.
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Appeal from Circuit Court of Coffee. Tried before Hon. H. D. Clayton. On the trial of appellant, charged with the larceny of certain bank bills and currency belonging to W. R. Sudgrove, tbe court permitted him, against the objection and exception of defendant, to testify as “a general witness” against tbe accused; and this is now assigned as error. Sudgrove was directly interested, in a pecuniary point of view, in the conviction of defendant. He was, therefore, incompetent to testify generally in the case. R. C., § 2704. Northcot v. The State, 43 Ala. 330; Blackstone v. The State, 15 ,Ala.…
1Opinion of the CourtBrickell, C. J.
The statute removing interest, as a disqualification of witnesses, is by its terms comfined to suits and proceedings “other than criminal eases.” R. C., § 2704. Whatever of doubt or difficulty the question presented by this record is supposed to involve, arises from the decisions, State v. Truss, 9 Port. 126; Blackstone v. State, 15 Ala. 415; Northcot v. State, 43 Ala. 330. These decisions are founded on the statutes for the punishment of malicious mischief, *635and which awarded to the owner of the property injured the entire fine imposed on conviction. It was apparent that compensation to the…
2Cases cited8 opinions
- United States v. MurphySupreme Court of the United States · 1842
- Jones v. StateSupreme Court of Alabama · 1848
- Northcot v. StateSupreme Court of Alabama · 1869
- State v. TrussSupreme Court of Alabama · 1839
- Case v. StateSupreme Court of Alabama · 1855
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3Cited by3 opinions
- Bohannon v. StateSupreme Court of Alabama · 1882
- Sandy v. StateSupreme Court of Alabama · 1877
- Daniels v. StateSupreme Court of Alabama · 1877