Newsom v. State
Supreme Court of Alabama
Appeal from the Circuit Court of 'Cherokee. Tried before the Hon. J. A.Bilbro. The appellant was indicted, tried and convicted under an indictment which charged that. “James T. Newsom feloniously took and carried away a sack full of corn, a part of an outstanding crop of corn, the property of Pierce Richards.”
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Appeal from the Circuit Court of 'Cherokee. Tried before the Hon. J. A.Bilbro. The appellant was indicted, tried and convicted under an indictment which charged that. “James T. Newsom feloniously took and carried away a sack full of corn, a part of an outstanding crop of corn, the property of Pierce Richards.” Upon the trial of the cause, as is shown by the bill of exceptions, the .testimony for the state tended to show that the owner of the property and two other persons saw the defendant pulling corn from the field of said Richards, and putting it in a sack, and that he carried the same…
1Opinion of the Court
BB.IOKELL, O. J.
The fact that on the night preceding the commission of the offense imputed to the defendant, the field in which the corn was standing was watch-. cd, was irrelevant. It was without tendency to prove or disprove any fact involved in the issue on which the jury was to pass ; it was an independent, collateral fact of which evidence could not be received, without widening the scope of the inquiry, prolonging the trial and obscuring the real issue. If the evidence was received, it would be the right of the defendant to controvert the fact by evidence, and a side issue would be…
2Cases cited9 opinions
- Coffin v. United StatesSupreme Court of the United States · 1895
- McMullen v. StateSupreme Court of Alabama · 1875
- Johnson v. StateSupreme Court of Alabama · 1883
- State v. StedmanSupreme Court of Alabama · 1838
- Holly v. StateSupreme Court of Alabama · 1875
4 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Egan v. United StatesCourt of Appeals for the D.C. Circuit · 1923
- Ex Parte GrimmettSupreme Court of Alabama · 1933
- Bryant v. StateSupreme Court of Alabama · 1897
- Amos v. StateSupreme Court of Alabama · 1898
- Freeman v. BlountSupreme Court of Alabama · 1911
29 more not listed; retrieve them via the Exa API.