Cherry v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Pike. Tried before the Hon. H. D. Clayton. Eobert Cherry was indicted at the Spring term, 1880, of the Circuit Court of Pike county, for selling or giving liquor to Daniel Allen, a minor. On the trial said Allen testified that he was not twenty-one years of age at the time the whisky was given to him, that he was twenty-one years of age “on the 14th day of May last.”
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Appeal from the Circuit Court of Pike. Tried before the Hon. H. D. Clayton. Eobert Cherry was indicted at the Spring term, 1880, of the Circuit Court of Pike county, for selling or giving liquor to Daniel Allen, a minor. On the trial said Allen testified that he was not twenty-one years of age at the time the whisky was given to him, that he was twenty-one years of age “on the 14th day of May last.” When asked how he knew his age; he replied that his father and mother told him, and that it was written down in a book which his father had in his pocket- in the court house. The defendant asked…
1Opinion of the CourtSomerville, J.
Hearsay evidence is always admissible to prove pedigree, and this term embraces not only questions of descent and relationship, but also the particular facts of birth, marriage and death, and the times when these events may have happened. And any book, document, or paper containing entries made by a parent or relation, as to such facts, may be received as the wi’itten declarations of deceased persons who respectively made them.—1 Taylor on Ev. §§ 444, 450. Such evidence is held admissible not only from the extreme difficulty of providing any better, but is resorted to upon the ground of the…
2Cases cited3 opinions
- Gray v. StateSupreme Court of Alabama · 1879
- Bain v. StateSupreme Court of Alabama · 1878
- White v. StrotherSupreme Court of Alabama · 1847
3Cited by14 opinions
- People v. RatzCalifornia Supreme Court · 1896
- Palmer v. StateSupreme Court of Alabama · 1909
- Duncan v. WatsonSupreme Court of Alabama · 1916
- Travelers Ins. v. Henderson Cotton MillsCourt of Appeals of Kentucky · 1905
- Faggard v. FilipowichSupreme Court of Alabama · 1946
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