Allen v. State
Supreme Court of Alabama
Appeal from Hale Circuit Court. Tried before Hon John Moore. The defendant was indicted and tried for the larceny of a heifer, the property of William Lavender, thew trial resulting in a conviction.
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Appeal from Hale Circuit Court. Tried before Hon John Moore. The defendant was indicted and tried for the larceny of a heifer, the property of William Lavender, thew trial resulting in a conviction. The State, having introduced evidence tending to show that he had lost the heifer, and that the defendant had taken and carried it away, examined as a witness one Syd Allen, the defendant’s brother, who testified, in substance, that the defendant brought the heifer to witness’" house one afternoon, “ in open daylight,” and requested witness to keep it for him. On cross-examination this witness…
1Opinion of the CourtStone, J.
— There are two reasons why we feel compelled to affirm the judgment in this cause. We are not informed wliát would have been the answer of the witness to the questions which the court disallowed. For aught that we can know, the answer may have been immaterial, foreign to the issue, or otherwise illegal. It is not every thing a party may say under the circumstances, which he can have given in evidence in his own favor. It is only declarations explanatory of possession, that are admissible on the principle of res gestee. — 1 Brick. Dig. 843, § 558. Those made respecting the source of title, or…
2Cases cited3 opinions
- Burns v. StateSupreme Court of Alabama · 1873
- Spivey v. StateSupreme Court of Alabama · 1855
- Stewart v. StateSupreme Court of Alabama · 1879
3Cited by11 opinions
- Phœnix Insurance v. MoogSupreme Court of Alabama · 1884
- Alabama Steel & Wire Co. v. ThompsonSupreme Court of Alabama · 1909
- Burnett v. GarrisonSupreme Court of Alabama · 1954
- Burgess v. American Mortgage Co.Supreme Court of Alabama · 1896
- Killingsworth v. KillingsworthSupreme Court of Alabama · 1968
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