Moseley v. State
Alabama Court of Appeals
Appeal from Circuit Court, Crenshaw County; W. L. Parts, Judge. Robert Lee Moseley was convicted of manufacturing whisky, and appeals. The court erred in admitting in evidence the affidavit and warrant of defendant’s ar'rest. Brewer v. State, 16 Ala. App. 501, 79 South. 199. The affidavit and warrant introduced were admissible to fix the date of the commission of the offense, and as corroborating the witness’ testimony.
1Opinion of the CourtSamford, J.
We have examined the testimony, and giving to the testimony such weight to which it is entitled we are 6f the opinion that there is sufficient evidence upon which to base a verdict of conviction.
The state was 'dependent for a conviction on the testimony of one W. O. Robbins, whose testimony as to the material facts connecting defendant with the crime was denied by the defendant and his witnesses. To corroborate the main state’s witness, the state was permitted, over the objection and exception of defendant, to introduce in evidence an affidavit and warrant, dated July 80, 1921, charging this…
2Cited by5 opinions
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