Percy v. State
Supreme Court of Alabama
Appeal from tlie Circuit Court of Madison. Tried before tlie Hon. H. C. Speake. Tlie appellant, James Percy, was indicted, tried and convicted for grand larceny. The facts of the case pertaining to the rulings of the trial court reviewed on the present appeal, are sufficiently stated in the opinion. There was not a sufficient predicate laid for the introduction of secondary evidence of what Arthur Forsythe and Ed.
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Appeal from tlie Circuit Court of Madison. Tried before tlie Hon. H. C. Speake. Tlie appellant, James Percy, was indicted, tried and convicted for grand larceny. The facts of the case pertaining to the rulings of the trial court reviewed on the present appeal, are sufficiently stated in the opinion. There was not a sufficient predicate laid for the introduction of secondary evidence of what Arthur Forsythe and Ed. White testified on the preliminary examination of the defendant, and the court erred in admitting such evidence. — McMunn v. State, 113 Ala. 86; Harris v. State, 73 Ala. 495; Willis…
1Opinion of the CourtHaralson, J.
It has been frequently held by us, that if a witness who has been examined in a criminal case before a tribunal of competent jurisdiction, is not subsequently, after diligent search, found within the jurisdiction of the court, — or, if that which is equivalent be shown, that he has left the State permanently, or for such an indefinite time that his return is contingent and uncertain, — it is admissible to prove the substance of the testimony he formerly gave. — Burton v. The Stale, 115 Ala, 1; Mitchell v. The State, 114 Ala. 1; Lett v. The State, 124 Ala. 64; Matthews v. State, 96 Ala. 62.
It…
2Cases cited3 opinions
- Mitchell v. StateSupreme Court of Alabama · 1896
- Lett v. StateSupreme Court of Alabama · 1899
- Matthews v. StateSupreme Court of Alabama · 1892
3Cited by15 opinions
- Allen v. StateAlabama Court of Appeals · 1963
- Wyatt v. StateAlabama Court of Appeals · 1950
- Reeves v. StateSupreme Court of Alabama · 1956
- Pope v. StateSupreme Court of Alabama · 1913
- McCoy v. StateSupreme Court of Alabama · 1930
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