Pruitt v. State
Supreme Court of Alabama
From the Circuit Court of Colbert. Tried before the Hon. Henry 0. Speake. The appellant, William Pruitt, was indicted, tried and convicted of burglary, for breaking into the dwelling-house of one J. C. Giddens, and taking therefrom a pistol and other articles of value.
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From the Circuit Court of Colbert. Tried before the Hon. Henry 0. Speake. The appellant, William Pruitt, was indicted, tried and convicted of burglary, for breaking into the dwelling-house of one J. C. Giddens, and taking therefrom a pistol and other articles of value. The said J. C. Giddens, being examined as a witness for the State, testified that on one Sunday morning, before the finding of the indictment in this case, while he and his family were away from home, his house was entered by breaking the slats in one of the blinds, and in that way gaining an entrance; that his pistol and other…
1Opinion of the CourtColeman, J.
Whatever rule may prevail in other states or countries, it is settled law in this State, that where a witness has been examined in a criminal trial, and cross-examined, or the opportunity afforded for cross-examination by the party charged, and the witness dies, or becomes insane, or has gone beyond the jurisdiction of the State, permanently, or for such • an indefinite time that his return is merely contingent or conjectural, the testimony of such witness may be proven on a subsequent trial. — Greenl. Ev. (12th Ed.) § 163, and note ; Long v. Davis, 18 Ala. 801 ; Marler v. State, 67 Ala. 55;…
2Cases cited5 opinions
- Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1890
- Marler v. StateSupreme Court of Alabama · 1880
- Lowe v. StateSupreme Court of Alabama · 1888
- Long v. DavisSupreme Court of Alabama · 1851
- Phillips v. StateSupreme Court of Alabama · 1881
3Cited by23 opinions
- Motes v. United StatesSupreme Court of the United States · 1900
- Anderson v. StateCourt of Criminal Appeals of Alabama · 1978
- Warren v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Thompson v. StateSupreme Court of Alabama · 1894
- Robertson v. StateCourt of Criminal Appeals of Texas · 1911
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