Legal Opinion

Towns v. State

Supreme Court of Alabama

Decided November 15, 1895PublishedCited by 13 opinions

Appeal from the City Court of Talladega. Tried before the Hon. John W. Bishop. The appellant was indicted, tried and convicted for burglary. The indictment contained 'three counts. In two of the counts the ownership of the house was laid in Will McClellan. In the other count the ownership of the house was laid in Jennie McClellan.

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Appeal from the City Court of Talladega. Tried before the Hon. John W. Bishop. The appellant was indicted, tried and convicted for burglary. The indictment contained 'three counts. In two of the counts the ownership of the house was laid in Will McClellan. In the other count the ownership of the house was laid in Jennie McClellan. In one count the property alleged to have been stolen from the house was alleged to have been the [property of Will McClellan; and in the two other counts the property alleged to have been stolen was alleged to have been the property of Jennie McClellan. On the…

1Opinion of the CourtBrickell, C. J.

1. Testimony having been intro-. duced tending to discredit the witness Jennie McClellan, it was competent to introduce evidence to support her general credit as a witness. — 1 Green. Ev., § 469; Lewis v. State, 35 Ala. 380 ; Hadjo v. Gooden, 13 Ala. 718. Such evidence having been introduced, and on the request of the defendant, the court having given specific instructions, that evidence of her conflicting statements in reference to material facts affected her credibility, it was very proper to instruct the jury that in weighing her testimony, they could consider the evidence of her good…

2Cases cited6 opinions

  1. Lewis v. StateSupreme Court of Alabama · 1860
  2. Kilgore v. StateSupreme Court of Alabama · 1883
  3. Pellum v. StateSupreme Court of Alabama · 1889
  4. People v. Fong Ah SingCalifornia Supreme Court · 1883
  5. Hadjo v. GoodenSupreme Court of Alabama · 1848

1 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Lewis v. MartinSupreme Court of Alabama · 1923
  2. McDowell v. StateSupreme Court of Alabama · 1939
  3. Wilson v. DuncanSupreme Court of Alabama · 1896
  4. James v. StateSupreme Court of Alabama · 1896
  5. Alexander v. AlexanderSupreme Court of Alabama · 1926

8 more not listed; retrieve them via the Exa API.

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