Legal Opinion

Rivers v. State

Alabama Court of Appeals

Decided June 1, 1915Published

Larceny. Appeal from. Clarke Circuit Court. Heard before Hou. John T. Lackland. Chris Rivers and another were convicted of the larceny of a cow, and they appeal. The case was submitted on a motion to establish the bill of exceptions, to dismiss the appeal, and on the merits.

1Opinion

ON THE MERITS.

(1, 2) The witness Martha Pouncey testified that after she lost the animal, the subject of the larceny, she had a conversation with the defendant Robert Vinters, in which the witness declared as follows: “When I ask him the question did he help Criss kill the yearling, he said: ‘I don’t know nothing about your yearling. I helped Criss kill a cow, but I don’t know whether it was a bull or heifer.’ ”

The defendants did not object to the question calling for this statement, but moved to-exclude it on the ground “because it is not in the nature of a confession,” and the court…

2Cases cited15 opinions

  1. Ex parte KnightSupreme Court of Alabama · 1878
  2. Gaines v. StateSupreme Court of Alabama · 1906
  3. Campbell v. StateSupreme Court of Alabama · 1913
  4. National Union v. SherrySupreme Court of Alabama · 1913
  5. White v. StateSupreme Court of Alabama · 1901

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