Jackson v. State
Supreme Court of Alabama
Appeal from Colbert Circuit Court. Heard before Hon. O. P.Almon. Vernon Jackson was convicted of tbe larceny of a gun, and be appeals.
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Appeal from Colbert Circuit Court. Heard before Hon. O. P.Almon. Vernon Jackson was convicted of tbe larceny of a gun, and be appeals. Tbe court erred in permitting tbe witness Willis to state tbat be received a package from Herron that was said to be a gun. — Bemtett v. The State, 52 Ala. 370; McKee v. The State, 82 Ala. 32; Riley v. The State, 88 Ala. 193. Tbe rule is that a witness must state facts and not bis deduction or conclusions. — 1 Mayf. 338. Tbe court erred in permitting tbe witness Reese to state that tbe defendant claimed tbe gun when it was found and when asked where be got it…
1Opinion of the CourtMcCLELLAN, J.
The property involved in the offense charged was a shotgun, alleged to have been, in November, 1906, shipped by express from Iron City, Tenn., to W. A. Porter at Russellville, Ala. The evidence tended to show that it was stolen, while at Sheffield, Ala., en route to destination. In February, 1908,. the house of William Jackson, the prisoner’s father, and their common abode, was searched, and a shotgun was. found in a closet therein, which gun, the evidence tended to show, was the gun shipped as indicated. It was further open to the jury to find that the prisoner as well as his father was…
2Cases cited3 opinions
- Martin v. StateSupreme Court of Alabama · 1893
- Thomas v. StateSupreme Court of Alabama · 1895
- Boyd v. StateSupreme Court of Alabama · 1907
3Cited by7 opinions
- People v. WattsCalifornia Supreme Court · 1926
- Clark v. StateSupreme Court of Alabama · 1940
- Dickey v. StateAlabama Court of Appeals · 1946
- Kilpatrick v. StateAlabama Court of Appeals · 1967
- Kinney v. StateWyoming Supreme Court · 1927
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