Williams v. State
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. Thomas M. Arrington. The appellant was indicted, tried and convicted for the larceny of a cow, and sentenced to the penitentiary for three years.
Read the full summary
Appeal from the City Court of Montgomery. Tried before the Hon. Thomas M. Arrington. The appellant was indicted, tried and convicted for the larceny of a cow, and sentenced to the penitentiary for three years. On the trial of the cause, as is shown by the bill of exceptions, after the State had shown by the evidence that after the- defendant had sold the cow, which he was accused of stealing, she was claimed from the purchaser by the rightful owner, and that the purchaser went to see the defendant and told him that the cow had been stolen, counsel for the defendant asked tho purchaser, who…
1Opinion of the CourtMcCLELLAN, J.
Exculpatory declarations of a defendant charged with crime are never admissible in his favor, unless they are within and constitute a part of the res gestae of some situation, condition or fact which is itself relevant to the issue of guilt vel non. In larceny and kindred offenses the possession by the defendant of the subject matter of the offense — the property taken— soon after the commission of the crime is a fact relevant to the issue, and, if unexplained, raises a presumption, of greater or less strength, as the possession is near to or remote from the time of the offense, that the…
2Cases cited2 opinions
- Chamblee v. StateSupreme Court of Alabama · 1885
- Crawford v. StateSupreme Court of Alabama · 1870
3Cited by5 opinions
- Davis v. StateSupreme Court of Alabama · 1914
- Hill v. StateSupreme Court of Alabama · 1915
- Humphries v. StateAlabama Court of Appeals · 1911
- McGuire v. StateAlabama Court of Appeals · 1911
- Powell v. StateAlabama Court of Appeals · 1912