Thomas v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Barbour. Tried before the Hon. J. M. Carmichael. The defendant was indicted and tried for larceny from a store-house.
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Appeal from the Circuit Court of Barbour. Tried before the Hon. J. M. Carmichael. The defendant was indicted and tried for larceny from a store-house. After the State had introduced evidence tending to show that the defendant committed the offense with which he was charged the defendant introduced himself as a witness in his own behalf and after he had testified and- left the witness stand and after the State had introduced other witnesses, the prosecution asked the court to have the defendant recalled to the stand for further examination. To this request the defendant objected; the objection…
1Opinion of the CourtHead, J.
When a defendant, on trial for a criminal offense, introduces himself as a witness, he thereby offers to reveal all he knows material to the cause. He swears to tell the whole truth. He voluntarily removes the constitutional safeguard which would protect him from self-crimination, so far as concerns the crime for which he is being tried, and becomes as any other witness, and compellable to disclose all he knows, whether for or against him. These observations are in line with what we said in Williams v. State, 98 Ala. 52, as well as prior adjudications. Indeed, they are not disputed, by…
2Cases cited1 opinion
- Williams v. StateSupreme Court of Alabama · 1893
3Cited by13 opinions
- Smith v. StateSupreme Court of Alabama · 1946
- Orr v. StateSupreme Court of Alabama · 1932
- Hammond v. StateSupreme Court of Alabama · 1906
- Smith v. StateSupreme Court of Alabama · 1902
- Palmer v. StateCourt of Criminal Appeals of Alabama · 1975
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