Woods v. State
Supreme Court of Alabama
Prom the Circuit Court of Hale. Tried before the Hon. John Moore. The indictment in this case charged that Patrick "Woods, Tony Guy, Isaac Taylor, Isaac Jackson, George Hawks and Dick Bennett “feloniously took and carried away one bale of cotton, of the value of fifty dollars, the personal property of Mrs. Eliza Tunstall.”
Read the full summary
Prom the Circuit Court of Hale. Tried before the Hon. John Moore. The indictment in this case charged that Patrick "Woods, Tony Guy, Isaac Taylor, Isaac Jackson, George Hawks and Dick Bennett “feloniously took and carried away one bale of cotton, of the value of fifty dollars, the personal property of Mrs. Eliza Tunstall.” On the trial, as the bill of exceptions and the judgment-entry each states, “ before any evidence for the defense was commenced, Dick Bennett was, on motion of the State, discharged from the indictment, in order that he might be used as a witness for the State.” Woods, Guy…
1Opinion of the CourtSomeryille, J.
— It may now be considered as a settled rule of criminal evidence, that, where several persons are tried together under a joint indictment, the wife of neither of the defendants is a competent witness for or against a co-defendant of her husband, where her testimony affects the interest of her husband. — Whart. Cr. Ev. §§ 391-392; 1 Greenl. Ev. § 335 ; Roscoe’s Cr. Ev. 124* ; Com. v. Robinson, 1 Gray, 555.
Where, however, the husband is not a party to the record, whether by reason of a failure to indict him, or of the entering of a nolle-prosegui against him, no reason is perceived why the…
2Cases cited11 opinions
- State v. BridgmanSupreme Court of Vermont · 1876
- Haskins v. . the PeopleNew York Court of Appeals · 1857
- Ex parte HolmanSupreme Court of Iowa · 1869
- Marler v. StatesSupreme Court of Alabama · 1881
- Hudson v. StateSupreme Court of Alabama · 1878
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Hussey v. StateSupreme Court of Alabama · 1888
- McCoy v. StateCourt of Criminal Appeals of Alabama · 1981
- Owen v. StateSupreme Court of Alabama · 1885
- Phœnix Insurance v. MoogSupreme Court of Alabama · 1886
- East Tenn., Va. & Ga. Railway Co. v. DavisSupreme Court of Alabama · 1890
14 more not listed; retrieve them via the Exa API.