Mason & Franklin v. State
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. T. M. Arrington. The indictment in this case was found at the February term, 1868, of the city court, and charged “ that before the-finding of the indictment Thomas Mason, John Franklin, and Richard Henley, with intent to steal, broke into and entered the dwelling house of J. Godwin Scott, against the peace,” &c.
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Appeal from the City Court of Montgomery. Tried before the Hon. T. M. Arrington. The indictment in this case was found at the February term, 1868, of the city court, and charged “ that before the-finding of the indictment Thomas Mason, John Franklin, and Richard Henley, with intent to steal, broke into and entered the dwelling house of J. Godwin Scott, against the peace,” &c. The State entered a nolle prosequi as to Richard Henley, and a trial being had as to the other two defendants, on the plea of not guilty, they were found guilty as charged in the indictment. The following bill of…
1Opinion of the CourtJudge, J.
As each case must be tried on its own merits, and be determined by the circumstances connected with it, it is not permissible to prove, as a general rule, that a person has previously committed a crime of a similar character, to show that he committed the criminal act for which he is on trial.
It is contended by the able counsel for the prisoner, that this rule was violated in the present case ; and whether it was or not, forms the principal question in the cause, which we now proceed to examine.
It is clear, on both reason and authority, that although evidence offered in support of an…
2Cases cited5 opinions
- Bottomley v. United StatesU.S. Circuit Court for the District of Massachusetts · 1840
- Walker v. CommonwealthGeneral Court of Virginia · 1829
- Frank v. StateSupreme Court of Alabama · 1855
- Martin v. StateSupreme Court of Alabama · 1856
- Stewart v. StateSupreme Court of Alabama · 1855
3Cited by35 opinions
- Johnson v. StateSupreme Court of Alabama · 1941
- Vickers v. United StatesCourt of Criminal Appeals of Oklahoma · 1908
- Thomas v. StateIndiana Supreme Court · 1885
- Gilbraith v. StateTexas Supreme Court · 1874
- State v. AmesSupreme Court of Minnesota · 1903
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