Piano v. State
Supreme Court of Alabama
Appeal from Jefferson Criminal Court. Heard before Hon. A. O. Howze. Mrs. Piano was convicted of receiving stolen property and she appeals. The facts are sufficiently stated in the opinion, as are the exceptions and objections to testimony. The statement of the solicitor objected to is as follows: “The Huston Biscuit Company could have received thousands of dollars if they had dropped these prosecutions.”
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Appeal from Jefferson Criminal Court. Heard before Hon. A. O. Howze. Mrs. Piano was convicted of receiving stolen property and she appeals. The facts are sufficiently stated in the opinion, as are the exceptions and objections to testimony. The statement of the solicitor objected to is as follows: “The Huston Biscuit Company could have received thousands of dollars if they had dropped these prosecutions.” The following charges were given at the instance of the state: “(1) I charge you, gentlemen of the jury, that if you believe that the defendant bought the goods described in the indictment,…
1Opinion of the CourtSayre, J.
The appellant was indicted for receiving stolen goods, tbe property of tbe Birmingham Fireworks Company. Ordinarily evidence of any other offense than that specifically charged is inadmissible in criminal cases. But, guilty knowledge being of tbe gist, of tbe offense charged against tbe appellant, evidence that on other occasions about tbe same time she bad received other articles from the same thief, knowing that they were stolen, is relevant to show a scienter in respect to tbe property laid in tbe indictment. — Gassenheimer v. State 52 Ala. 313; Whar. Cr. Ev. § 44; Jones, Ev. § 143.
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2Cases cited6 opinions
- Cross v. StateSupreme Court of Alabama · 1881
- Gassenheimer v. StateSupreme Court of Alabama · 1875
- Eyre v. JacobSupreme Court of Virginia · 1858
- Childress v. StateSupreme Court of Alabama · 1888
- Collins v. StateSupreme Court of Alabama · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Britton v. StateAlabama Court of Appeals · 1917
- Leverett v. StateAlabama Court of Appeals · 1922
- Peterson v. StateSupreme Court of Alabama · 1936
- Sledge v. StateAlabama Court of Appeals · 1960
- Smith v. StateSupreme Court of Alabama · 1935
19 more not listed; retrieve them via the Exa API.