Bohannon v. State
Supreme Court of Alabama
Appeal from Lee Circuit Court. Tried before Hon. II. D. Clayton. The defendant was indicted for trespass after warning upon the lands of one Brooks.
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Appeal from Lee Circuit Court. Tried before Hon. II. D. Clayton. The defendant was indicted for trespass after warning upon the lands of one Brooks. On the trial the State introduced the prosecutor, Brooks, as a witness, for the purpose of proving the warning and the trespass.' To his examination the defendant objected, on the ground that, in case of conviction, he would be entitled to the fine; but the court overruled the objection, allowed the witness to be'examined, and the defendant excepted. It appears from the evidence recited in the bill of exceptions, that the prosecutor and defendant…
1Opinion of the CourtSomerville, J.
— The indictment is for a trespass after warning, under section 4419 of the Code of 1876. It is insisted that, in as much as the fine imposed on the defendant, in case of his conviction, goes to the party injured, the prosecutor, Brooks, was an incompetent witness in the cause, on the ground that, being the beneficiary of the fine, he was disqualified by interest. — Code, §§ 3058, 4420.. This very question was settled in Daniels o. The State, 60 Ala. 56, where it was adjudged that, in a prosecution of this character, the prosecutor is a competent witness for the State, although, under the…
2Cases cited15 opinions
- United States v. MurphySupreme Court of the United States · 1842
- Doe ex dem. Farmer's Heirs v. EslavaSupreme Court of Alabama · 1847
- Bell v. DensonSupreme Court of Alabama · 1876
- Farley v. SmithSupreme Court of Alabama · 1863
- Watson v. StateSupreme Court of Alabama · 1879
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3Cited by15 opinions
- Barnewell v. StephensSupreme Court of Alabama · 1904
- Clements v. HaysSupreme Court of Alabama · 1884
- Turnley v. HannaSupreme Court of Alabama · 1886
- McInerny v. IrvinSupreme Court of Alabama · 1890
- Burks v. MitchellSupreme Court of Alabama · 1884
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