Osborn v. State
Supreme Court of Alabama
Appeal from the County Court of Hale. • Tried before the Hon. William C. Christian. The appellant was indicted, tried and convicted for carrying a pistol concealed about his person.' On the trial of the cause, the defendant introduced Webb Washington and Sid Clements as witnesses, and each of these witnesses testified to facts showing that the defendant at a designated time and place in Hale County, within twelve months before the finding of the indictment, carried a pistol…
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Appeal from the County Court of Hale. • Tried before the Hon. William C. Christian. The appellant was indicted, tried and convicted for carrying a pistol concealed about his person.' On the trial of the cause, the defendant introduced Webb Washington and Sid Clements as witnesses, and each of these witnesses testified to facts showing that the defendant at a designated time and place in Hale County, within twelve months before the finding of the indictment, carried a pistol concealed about his person. The defendant, as a witness in his own behalf, testified that he did not have the pistol…
1Opinion of the CourtSharpe, J.
Whether a jury is authorized to discard altogether the testimony of a witness who lias been impeached, depends not alone upon the fact of impeachment, but from that fact, considered in connection Avith other facts in evidence. One Avho is generally unAvorthy of credit may spealc the truth in the particular case, and from the attendant facts and circumstances the jury may be convinced that he has done so. In such case it would be the jury’s duty not to discard but to consider the testimony, giving it such weight as it may be entitled to in view of the impeaching evidence as Avell as the other…
2Cases cited13 opinions
- Jordan v. StateSupreme Court of Alabama · 1886
- Kirkley v. SharpSupreme Court of Georgia · 1896
- Porter v. StateSupreme Court of Alabama · 1876
- Horn v. StateSupreme Court of Alabama · 1893
- Moore v. StateSupreme Court of Alabama · 1880
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Wilson v. StateSupreme Court of Alabama · 1942
- Commander v. StateCourt of Criminal Appeals of Alabama · 1978
- McCoy v. StateSupreme Court of Alabama · 1936
- Jackson v. StateSupreme Court of Alabama · 1902
- Hamilton v. StateSupreme Court of Alabama · 1906
6 more not listed; retrieve them via the Exa API.