Cauley v. State
Alabama Court of Appeals
Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Demus Cauley was convicted of the larceny of a cow, and he appeals. Witness Lee testified that he lost a light red cow with horns, unmarked, from his barn in Houston county, on a certain Tuesday night, and, on the Saturday following, found a hide at Clendenning’s hoúse which came off of his cow.
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Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Demus Cauley was convicted of the larceny of a cow, and he appeals. Witness Lee testified that he lost a light red cow with horns, unmarked, from his barn in Houston county, on a certain Tuesday night, and, on the Saturday following, found a hide at Clendenning’s hoúse which came off of his cow. The state then asked him if Demus Cauley said anything to him about taking the cow, and the witness answered: “Yes, sir; he offered to buy her.” And the state then asked him if Cauley said anything to him about getting the cow after…
1Opinion of the CourtBrown, J.
(1, 2) It is here urged that the court erroneously admitted the inculpatory statement imputed to the defendant by the witness Lee in response to the solicitor’s question, “After you lost the cow, did he say anything about getting the cow?”
“Inculpatory confessions, voluntarily made, are admissible as evidence tending to show guilt; and while such confessions are prima facie involuntary, and therefore inadmissible, it is the duty of the trial court, in all cases, before permitting such confessions to be shown, to ascertain that they are voluntary; and on appeal, unless the record affirmatively…
2Cases cited10 opinions
- Hargrove v. StateSupreme Court of Alabama · 1906
- Whatley v. StateSupreme Court of Alabama · 1906
- Gilmore v. StateSupreme Court of Alabama · 1899
- Price v. StateSupreme Court of Alabama · 1897
- Turner v. StateSupreme Court of Alabama · 1892
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Pardue v. StateCourt of Criminal Appeals of Alabama · 1989
- Britton v. StateAlabama Court of Appeals · 1917
- Lunceford v. City of NorthportCourt of Criminal Appeals of Alabama · 1988
- Braxton v. StateAlabama Court of Appeals · 1919
- Smith v. StateCourt of Criminal Appeals of Alabama · 1989
7 more not listed; retrieve them via the Exa API.