Holley v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Barbour. Tried before the Hon. Jesse M. Carmichael. The appellant, Burrell Holley, and George and Ed. Price were jointly indicted and tried for robbery. The Prices were acquitted, but Burrell Plolley was Convicted of the offense charged, and sentenced to the penitentiary for five years.
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Appeal from the Circuit Court of Barbour. Tried before the Hon. Jesse M. Carmichael. The appellant, Burrell Holley, and George and Ed. Price were jointly indicted and tried for robbery. The Prices were acquitted, but Burrell Plolley was Convicted of the offense charged, and sentenced to the penitentiary for five years. The evidence for the State tended to show that several men, disguised by having crocus sacks over the upper portion of their bodies and caps of similar material over their heads, with holes for the eyes and nose cut in the caps, went 'to the house of Jesse Whitehurst about 11…
1Opinion of the CourtHaralson, J.
1. The credit of a witness may be impeached by proof that he made statements out of court contrary to what he has testified at the trial, (1 Greenl. Ev., §462); and where evidence has been introduced by the defendant, by way of impeaching him, tending to show that one of the State’s witnesses had made such contradictory statements, the witness’s general character for truth having been thus, in a measure, assailed, it was competent for the State to introduce evidence to sustain his general character, and to show that it was good for truth and veracity. There was, therefore, no error in the…
2Cases cited8 opinions
- Lewis v. StateSupreme Court of Alabama · 1860
- Pate v. StateSupreme Court of Alabama · 1891
- Owen v. StateSupreme Court of Alabama · 1885
- Pellum v. StateSupreme Court of Alabama · 1889
- Albritton v. StateSupreme Court of Alabama · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Mercer v. StateSupreme Court of Florida · 1898
- Lide v. StateSupreme Court of Alabama · 1901
- Bush v. StateSupreme Court of Alabama · 1968
- Ragland v. StateSupreme Court of Alabama · 1939
- Langham v. StateAlabama Court of Appeals · 1915
17 more not listed; retrieve them via the Exa API.