Wells v. State
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. William H. Thomas. The appellant was indicted, tried and convicted for the larceny of chickens from a chicken house. The chickens alleged to have been stolen were averred to have been the property of a Mrs. McCord.
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Appeal from the City Court of Montgomery. Tried before the Hon. William H. Thomas. The appellant was indicted, tried and convicted for the larceny of chickens from a chicken house. The chickens alleged to have been stolen were averred to have been the property of a Mrs. McCord. There was evidence introduced on behalf of the State tending to show that the defendant was guilty of the offense charged; one of the witnesses for the State testifying that she saw the defendant at the chicken house on the night the chickens were stolen, and as he ran away. It was further shown that the chickens after…
1Opinion of the CourtDowdell, J.
Whether the trial should be suspended or delayed, after having been entered upon, until tbe witness Mrs. McCord, who bad been examined as a State’s witness and discharged, could be sent for, was a matter addressed to the sound discretion of the court. We cannot say there was any abuse of discretion in tbe court’s action, and the ruling is not revisable.
Tbe defendant, being examined as a witness in bis own behalf, it was peimissible for the State on the cross-examination under section 1796 of tbe Code, to examine him touching bis conviction for another and different theft; tbe purpose of such…
2Cited by12 opinions
- Ellis v. StateSupreme Court of Alabama · 1943
- York v. StateAlabama Court of Appeals · 1948
- Vaughn v. StateSupreme Court of Alabama · 1937
- Latikos v. StateAlabama Court of Appeals · 1921
- Millhouse v. StateSupreme Court of Alabama · 1937
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