Stone v. State
Alabama Court of Appeals
Appeal from Autauga Circuit Court. Heard before Hou. W. W. Pearson. Andrew Stone was convicted of adultery, and he appeals. Paul Tatum was shown a letter, and the envelope with it, and testified that he received the letter in the envelope in due course of mail, that the letter was unsigned, but the envelope bore in the left-hand upper corner, “After __ days return to J. A. Stone, Calera, Ala., R. F. D.,” and that the letter came to him sealed and stamped in that envelope.
Read the full summary
Appeal from Autauga Circuit Court. Heard before Hou. W. W. Pearson. Andrew Stone was convicted of adultery, and he appeals. Paul Tatum was shown a letter, and the envelope with it, and testified that he received the letter in the envelope in due course of mail, that the letter was unsigned, but the envelope bore in the left-hand upper corner, “After __ days return to J. A. Stone, Calera, Ala., R. F. D.,” and that the letter came to him sealed and stamped in that envelope. The contents of the letter, in brief, was an appeal to Tatum and his wife to be witnesses for defendant in his case with…
1Opinion of the CourtPelham, J.
The defendant on cross-examination denied having written the letter testified to by the state’s witness Paul Tatum as having been received by him, and without objection at the request of state’s counsel wrote down in the presence of the court and jury some of the same matter or contents — the same letters, words, and figures of which the letter was composed — for the purpose of comparing the two writings. The disputed writing, and the writing done in the presence of the court (which latter became a part of the cross-examination of the -witness) were properly submitted to the jury for…
2Cases cited5 opinions
- Oakley v. StateSupreme Court of Alabama · 1902
- Childs v. StateSupreme Court of Alabama · 1884
- Williams v. StateSupreme Court of Alabama · 1878
- Palmer v. StateSupreme Court of Alabama · 1910
- United States Health & Accident Ins. v. HillAlabama Court of Appeals · 1913
3Cited by2 opinions
- Barker v. Tennessee Coal, Iron & R. R.Supreme Court of Alabama · 1914
- Storey v. StateAlabama Court of Appeals · 1916