Hicks v. State
Supreme Court of Alabama
From the Circuit Court of Blount. Tried before tbe Hon. John B. Taluy. The indictment in this case charged, that Lit Hicks and Arthur Hale, with intent to steal, broke into and entered the dwelling-house of Mose Carter, and feloniously took and carried away four ten-dollar gold coins, the property of said Carter. A severance having been granted, Hicks was tried alone, was found guilty, and sentenced to the penitentiary for the term of four years.
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From the Circuit Court of Blount. Tried before tbe Hon. John B. Taluy. The indictment in this case charged, that Lit Hicks and Arthur Hale, with intent to steal, broke into and entered the dwelling-house of Mose Carter, and feloniously took and carried away four ten-dollar gold coins, the property of said Carter. A severance having been granted, Hicks was tried alone, was found guilty, and sentenced to the penitentiary for the term of four years. On the trial, Mose Carter testified, that the burglary was committed one Sunday night in September, 1892; that he went to his house on the afternoon…
1Opinion of the CourtHead, J.
The question whether the accused, who makes himself a witness in his own behalf, under the statute authorizing him so to do, is subject to impeachment, as other witnesses, by the introduction by the State, upon the proper predicate therefor, of evidence of contradictory statements previously made by him, is not an open one. The following authorities settle that he is subject to such impeachment: Clarke v. State, 78 Ala. 474; 87 Ala. 71; Norris *172v. State, 87 Ala. 85; Cotton v. State, Ib. 103; Rains v. State, 88 Ala. 91; Mitchell v. State, 94 Ala. 68.
There was no error in the refusal of the…
2Cases cited5 opinions
- Clarke v. StateSupreme Court of Alabama · 1885
- Mitchell v. StateSupreme Court of Alabama · 1891
- Rains v. StateSupreme Court of Alabama · 1889
- Norris v. StateSupreme Court of Alabama · 1888
- Clarke v. StateSupreme Court of Alabama · 1888
3Cited by13 opinions
- Harrold v. Territory of OklahomaCourt of Appeals for the Eighth Circuit · 1909
- Smith v. StateSupreme Court of Alabama · 1902
- Norman v. StateAlabama Court of Appeals · 1915
- Kelly v. StateSupreme Court of Alabama · 1909
- Thaniel v. CommonwealthSupreme Court of Virginia · 1922
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