Cooper v. State
Supreme Court of Alabama
From the Criminal Conrt of Jefferson. Tried before the Hon. S. E. Greene. The indictment in this case charged that the defendant, Will Cooper, “with intent to steal, broke into and entered the dwelling-honse of F. S. Ferguson.”
Read the full summary
From the Criminal Conrt of Jefferson. Tried before the Hon. S. E. Greene. The indictment in this case charged that the defendant, Will Cooper, “with intent to steal, broke into and entered the dwelling-honse of F. S. Ferguson.” On the first trial, the defendant'was convicted; but the judgment was reversed by this court, and the cause remanded. — Cooper v. State, 86 Ala. 610. On a second trial, as the bill of exceptions shows, F. S. Ferguson testified on the part of the prosecution, that his dwelling-house in Birmingham was broken and entered on the night of December 16, 1888; that he was…
1Opinion of the CourtMcCLELLAN, J.
There was no evidence in the cáse, nor could there have been any, as to what the witness thought in *110regard to the guilt of the defendant, nor as to the impression made on his mind by the testimony of S. M. Wood on the former trial. There was nothing before the court, therefore, to which the statements of Ferguson, that he “ might have been mistaken in thinking the defendant was the burglar,” and that the testimony of Wood “on the other trial shook me up considerably,” could have been contradictory, and they were properly excluded. The only ground upon which such testimony is ever received, is…
2Cases cited8 opinions
- Sparks v. StateSupreme Court of Alabama · 1877
- Hussey v. StateSupreme Court of Alabama · 1888
- Blount v. StateSupreme Court of Alabama · 1873
- Brown v. StateSupreme Court of Alabama · 1875
- Buchanan v. StateSupreme Court of Alabama · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Walker v. StateSupreme Court of Alabama · 1890
- Lester v. JacobsSupreme Court of Alabama · 1925
- Parsons v. StateSupreme Court of Alabama · 1913
- Smith v. StateSupreme Court of Alabama · 1910
- Dorsey v. StateSupreme Court of Alabama · 1894
7 more not listed; retrieve them via the Exa API.