Burke v. State

The prosecuting witness Ellis, while narrating the preliminaries leading up to the alleged theft, said: “After I left them they came on behind me and asked me if they might go to the baseball game with me, if I was in a ear.” After the witness had testified to this, the defendant objected to the testimony. The theory of the state was that of a conspiracy existing between these defendants and another to get Ellis in some secluded place and then to rob him. Taken in connection with other evidence, as tending to establish a conspiracy, this testimony was relevant. De Bardeleben v. State, 16 Ala.…