Phillips v. State
Alabama Court of Appeals
Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Julian Phillips was convicted of arson and he appeals. Declarations of a conspirator made after the accomplishment of the object for which the conspiracy was formed, are not admissible against a co-conspirator when made in his absence. — Everage v. The State, 21 South. (Ala.) 404; Williams v. The State, 1 South. (Ala.) 179; at p. 183; Lowman v. The State, 50 South.
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Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Julian Phillips was convicted of arson and he appeals. Declarations of a conspirator made after the accomplishment of the object for which the conspiracy was formed, are not admissible against a co-conspirator when made in his absence. — Everage v. The State, 21 South. (Ala.) 404; Williams v. The State, 1 South. (Ala.) 179; at p. 183; Lowman v. The State, 50 South. (Ala.) 43 at p. 44. Declarations made by a co-defendant, even though made prior to or contemporaneously with the commission of the crime, are not admissible against…
1Opinion of the CourtPelham, J.
The defendant was jointly indicted for arson with two other parties, Tom Tye and Oscar Myers, but demanded a severance on the trial of his case and was tried alone, and convicted of arson in the second degree.
*171The evidence introduced by the state of a conversation had by Oscar Myers with his wife, was competent for the purpose of impeaching, or discrediting, the testimony of Myers; for which purpose it was manifestly introduced. Myers when on the stand as a witness in behalf of the defendant was asked on cross-examination by state’s counsel about having made certain statements in this…
2Cases cited12 opinions
- State v. HoytSupreme Court of Connecticut · 1880
- Nelson v. IversonSupreme Court of Alabama · 1853
- Southern Railway Co. v. WilliamsSupreme Court of Alabama · 1896
- Knight v. StateSupreme Court of Georgia · 1901
- Powell v. StateAlabama Court of Appeals · 1912
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3Cited by8 opinions
- Fuller v. StateAlabama Court of Appeals · 1948
- Mathis v. StateAlabama Court of Appeals · 1916
- Coplon v. StateAlabama Court of Appeals · 1916
- Howton v. StateCourt of Criminal Appeals of Alabama · 1980
- Ciervo v. StateCourt of Criminal Appeals of Alabama · 1976
3 more not listed; retrieve them via the Exa API.