West v. State
Alabama Court of Appeals
Larceny. Appeal from Marshall Circuit Court. Heard before I-Ion. W. W. Haralson. Will West was convicted of larceny and be appeals.
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Larceny. Appeal from Marshall Circuit Court. Heard before I-Ion. W. W. Haralson. Will West was convicted of larceny and be appeals. Tbe record fails to show a proper submission of tbe cause. — 1 Freeman on Judgments, sec. 50-D. Tbe witness could only express an opinion that tbe bides be got were tbe bides taken from tbe depot. — Walker v. The State, 58 Ala. 398; Mitchell v. The State, 94 Ala. 68. Tbe court erred in permitting tbe witness to say that be saw tbe trunk come back. — Mann v. The State, 134 Ala. 1; Anniston v. Ivey, 151 Ala. 392; 1 Wig. on Evi., secs. 657-59. No proper predicate…
1Opinion of the Court
WALKER, P. J.-
Some of the questions presented on this appeal may be disposed of by a reference to the opinion rendered on a former appeal in the same case. —West v. State, 168 Ala. 1, 53 South. 277. A repetition of what was there said, so far as it is applicable to the evidence set out in the present record, is not deemed necessary.
The state’s witness Landsden, after testifying to circumstances tending to identify certain hides sent in a trunk by express to Guntersville, as some which had recently disappeared from the depot platform at that place, and to the circumstance of the defendant…
2Cases cited8 opinions
- Thompson v. StateSupreme Court of Alabama · 1894
- Davis v. StateSupreme Court of Alabama · 1850
- Williams v. Anniston Electric & Gas Co.Supreme Court of Alabama · 1909
- Tharp v. StateSupreme Court of Alabama · 1849
- West v. StateSupreme Court of Alabama · 1910
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3Cited by2 opinions
- Vintson v. StateAlabama Court of Appeals · 1929
- Clark v. StateAlabama Court of Appeals · 1921