Williams v. State
Supreme Court of Alabama
Appeal from Circuit Court of Pike. Tried before Hon. H. D. Clayton. The appellants, J. H. Williams and Oscar Youngblood, were indicted and convicted for the larcency of two yearlings, the property of F. A. Boswell. Boswell was introduced as a witness and testified as to the loss of his cattle.
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Appeal from Circuit Court of Pike. Tried before Hon. H. D. Clayton. The appellants, J. H. Williams and Oscar Youngblood, were indicted and convicted for the larcency of two yearlings, the property of F. A. Boswell. Boswell was introduced as a witness and testified as to the loss of his cattle. On cross-examination it was proposed by the defence to prove by him that after he had lost the cattle, and after he had been notified that he had been drawn as a grand juror, he offered not to prosecute the defendants if they would pay him $80, which proposition they declined. The court refused to allow…
1Opinion of the CourtBrickell, C. J.
The offer of appellants to prove by the prosecutor, that after he had been drawn and summoned as a grand juror, he proposed to appellants not to prosecute them if they would pay him thirty dollars, which they refused, was properly rejected. A prosecutor of an indictment, for a violation of the criminal laws, though the offence may have been committed against his property, is not a party, in such sense that his admissions or declarations can be received in evidence, for the purpose of defeating the prosecution. The prosecution is beyond his control, and whatever facts may be necessary to…
2Cases cited5 opinions
- Dupree v. StateSupreme Court of Alabama · 1859
- Felix v. StateSupreme Court of Alabama · 1851
- Hall v. StateSupreme Court of Alabama · 1867
- Mose v. StateSupreme Court of Alabama · 1860
- Harrison v. StateSupreme Court of Alabama · 1861
3Cited by25 opinions
- Winslow v. StateSupreme Court of Alabama · 1884
- Shields v. StateIndiana Supreme Court · 1897
- Pate v. StateSupreme Court of Alabama · 1891
- People v. MeadMichigan Supreme Court · 1883
- Bone v. StateSupreme Court of Georgia · 1897
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