Young v. State
Alabama Court of Appeals
Appeal from Mobile City Court. Heard before Hon. O. J. Sbmmes. Hardaway Young was convicted of embezzlement, and be appeals. The precise question here raised was presented in tlie case of Walling v. Morgan County, 126 Ala. 342, and it was there held that a witness could not testify to entries on the books, or to items of the statement of accounts of which he had no personal knowledge.
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Appeal from Mobile City Court. Heard before Hon. O. J. Sbmmes. Hardaway Young was convicted of embezzlement, and be appeals. The precise question here raised was presented in tlie case of Walling v. Morgan County, 126 Ala. 342, and it was there held that a witness could not testify to entries on the books, or to items of the statement of accounts of which he had no personal knowledge. Objections were interposed and exceptions reserved, and error was not cured by the subsequent admission of the same testimony over the same objection, but without resexwing -any exceptions. — L. & N. v. Perkins,…
1Opinion of the Court
PELHAM, J. —
The general charge requested by the defendant was properly refused. Undoubtedly there was sufficient evidence before the court of the defendant’s guilt of the crime of embezzlement, the charge against him, to require the submission of that question to the jury. In fact, we think, on the evidence set out in the bill of exceptions, the court was not justified in taking from the jury at the defendant’s request, the question of his guilt of having embezzled money, as the evidence was sufficient to support a finding by the jury of this charge, a charge clearly embraced in the…
2Cases cited6 opinions
- Walling v. Morgan CountySupreme Court of Alabama · 1899
- Davie v. RolandAlabama Court of Appeals · 1912
- Wagar Lumber Co. v. Sullivan Logging Co.Supreme Court of Alabama · 1898
- North Birmingham Lumber Co. v. Sims & WhiteSupreme Court of Alabama · 1908
- Plott v. FosterAlabama Court of Appeals · 1913
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3Cited by2 opinions
- Stokes v. StateAlabama Court of Appeals · 1915
- Jackson v. StateAlabama Court of Appeals · 1916