Burnett v. State
Alabama Court of Appeals
Appeal from Circuit Court, Lee County; Lum Duke, Judge. Lige Burnett was convicted of violating the prohibition laws, and he appeals. The court erred in permitting it to he shown that the defendant had, been convicted in the federal court for violating prohibition law. 64 South. 544; 14 Ala. App. Ill, 72 South. 211; 69 South. 227; 62 South. 322. Counsel discuss other assignments of error, but in view of the opinion it is not deemed necessary to here set them out.
1Opinion of the Court
• BRIOKEN, P. J.
[1] The defendant testified as a witness in his own behalf and on his cross-examination by the solicitor was required, over his objection and exception, to answer the following question: “Mr. (Burnett, I will ask you if you have not been convicted two or three times for distilling liquor in the federal court?” To which he replied, “Yes; I pleaded guilty.” The defendant moved to exclude this answer, which motion was overruled, and to this ruling of the court the defendant also excepted. This was error, and has been so held in numerous decisions by this court and the ¡Supreme…
2Cases cited4 opinions
- Lakey v. StateSupreme Court of Alabama · 1921
- Cassemus v. StateAlabama Court of Appeals · 1917
- Abrams v. StateAlabama Court of Appeals · 1920
- Lyles v. StateAlabama Court of Appeals · 1921
3Cited by19 opinions
- Marks v. DelcastilloDistrict Court of Appeal of Florida · 1980
- Graham v. A. Lusi, Limited. The Novarchos KoundouriotisCourt of Appeals for the Fifth Circuit · 1953
- Florida Power & Light Co. v. BridgemanSupreme Court of Florida · 1938
- Maryland Casualty Co. v. SutherlandSupreme Court of Florida · 1936
- Collins v. HallSupreme Court of Florida · 1934
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