White v. State
Supreme Court of Alabama
Erom the City Court of Mobile. Tried before the Hon. O. J. Semmes. The indictment in this case contained two counts, one charging the defendant with burglary, and the other with larceny from a dwelling-house; the house broken and entered, and the goods stolen therefrom, being alleged to be the property of Emma Harris.
Read the full summary
Erom the City Court of Mobile. Tried before the Hon. O. J. Semmes. The indictment in this case contained two counts, one charging the defendant with burglary, and the other with larceny from a dwelling-house; the house broken and entered, and the goods stolen therefrom, being alleged to be the property of Emma Harris. On the trial, as the bill of exceptions shows, the State introduced said Emma Harris as a witness, and she testified to the burglary and larceny from her house; stating, also, that she found some of the stolen articles, a few days afterwards, in the defendant’s house, and the…
1Opinion of the CourtMcCLELLAN, J.
A party may ask his witness, for the purpose of refreshing his memory, or of showing that he has been put at a disadvantage by unexpected evidence, whether at a certain time and place he has not made certain statements inconsistent with his testimony on the stand, even though the admission of such inconsistent statements will injuriously affect the witness’ credibility with the jury. Campbell v. State, 23 Ala. 77; Hemingway v. Garth, 51 Ala. 530; Roscoe’s Cr. Ev. 103; 1 Greenl. Ev. § 444. While this can not be done, when the purpose and only effect of such evidence is to impeach the witness…
2Cases cited3 opinions
- Campbell v. StateSupreme Court of Alabama · 1853
- Hemingway v. GarthSupreme Court of Alabama · 1874
- Gandy v. StateSupreme Court of Alabama · 1886
3Cited by31 opinions
- Walker v. StateCourt of Criminal Appeals of Alabama · 1982
- Peterson v. StateSupreme Court of Alabama · 1933
- Griffith v. StateSupreme Court of Alabama · 1891
- Louisville N. R. Co. v. ScottSupreme Court of Alabama · 1935
- Schieffelin v. SchieffelinSupreme Court of Alabama · 1899
26 more not listed; retrieve them via the Exa API.