Cotton v. State
Supreme Court of Alabama
From the Circuit Court of Pike. Tried before the Hon. John P. Hubbard. The defendant in this case was indicted for the larceny of an ox, the personal property of Henry Flowers; and was indicted by the name of “William Holland, alias John Cotton.”
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From the Circuit Court of Pike. Tried before the Hon. John P. Hubbard. The defendant in this case was indicted for the larceny of an ox, the personal property of Henry Flowers; and was indicted by the name of “William Holland, alias John Cotton.” On the trial, he reserved a bill of exceptions, as follows; “The State introduced evidence tending to show that one Hussey (?) Flowers owned a steer, which was missing; and that he and Eollin Ballard came to the beef-market in Troy, soon after the ox was missed, and there found the hide and horns, which they described as those of the missing steer.…
1Opinion of the CourtSomerville, J.
Where a defendant in a criminal prosecution elects to become a witness in his own behalf, as he may do under the statute, he waives the constitutional guaranty which protects him from answering questions touching the merits of the case which may tend to criminate him. He may be examined by the State as to all material facts pertinent to his guilt, and his failure to explain or rebut any criminating fact, where he reasonbly can do so, is a circumstance which may be considered by the jury as prejudicial to his innocence. This being so, it is clearly in reason, that his silence or refusal to…
2Cases cited2 opinions
- Stover v. . People of the State of N.Y.New York Court of Appeals · 1874
- Clarke v. StateSupreme Court of Alabama · 1885
3Cited by14 opinions
- State v. KentNorth Dakota Supreme Court · 1896
- Diggs v. United StatesCourt of Appeals for the Ninth Circuit · 1915
- Harrold v. Territory of OklahomaCourt of Appeals for the Eighth Circuit · 1909
- Leverett v. StateAlabama Court of Appeals · 1922
- Hodge v. StateSupreme Court of Alabama · 1892
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