Legal Opinion

Parne v. State

Supreme Court of Alabama

Decided June 15, 1872PublishedCited by 16 opinions

Appeal from the Criminal Court of Dallas. Tried before Hon. Geo. H. Craig. The appellant was convicted of bprglary in a dwelling house and sentenced to confinement in the penitentiary for three years. On the trial, the owner of the house testified that on the Sunday on which his house was broken into he went to church, locking up his dwelling house, and leaving defendant, who was in his service, and'a nephew, seventeen years old, in the yard.

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Appeal from the Criminal Court of Dallas. Tried before Hon. Geo. H. Craig. The appellant was convicted of bprglary in a dwelling house and sentenced to confinement in the penitentiary for three years. On the trial, the owner of the house testified that on the Sunday on which his house was broken into he went to church, locking up his dwelling house, and leaving defendant, who was in his service, and'a nephew, seventeen years old, in the yard. On his return, he found the house broken and entered through a window, and that his shot gun, which was left in the house, was missing. “ The next day…

1Opinion of the CourtPeck, C. J.

In a criminal case, if the State relies upon a confession of the defendant to show his guilt, he is entitled, on cross-examination, to bring out all that- was said, at the same time, on the same subject. — Greenleaf Ev. I vol. §• 218. If the coart refuses to permit this, it is an error, for which the conviction will be reversed.

In this case the State relied mainly on the confession of the accused, made to the owner of house, in regard to a gun which was in the house at the time it was broken and entered, and which gun defendant said he had sold to one Phillips, to whose house the defendant…

2Cited by16 opinions

  1. Ex Parte DrinkardSupreme Court of Alabama · 2000
  2. Parker v. StateSupreme Court of Alabama · 1956
  3. King v. StateCourt of Criminal Appeals of Alabama · 1978
  4. Bridges v. StateCourt of Criminal Appeals of Alabama · 1987
  5. Drinkard v. StateCourt of Criminal Appeals of Alabama · 1998

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