Bird v. State
Supreme Court of Alabama
XuoM the Circuit Court of Choctaw. Tried before the Hon. C. W. Eapiee,. The bill of exceptions in this case was as follows : “ On the trial of this case, one Callahan, a witness for State, testified that he was a jury, and then stated the facts on which the indictment was found; that within twelve months before the finding the indictment, and during the present term of the circuit court, the defendant, with some eight other persons, played with cards at a game called poker ;…
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XuoM the Circuit Court of Choctaw. Tried before the Hon. C. W. Eapiee,. The bill of exceptions in this case was as follows : “ On the trial of this case, one Callahan, a witness for State, testified that he was a jury, and then stated the facts on which the indictment was found; that within twelve months before the finding the indictment, and during the present term of the circuit court, the defendant, with some eight other persons, played with cards at a game called poker ; that said playing was done in the county jail, in a room in the second story, usually called ‘the debtors’ room that…
1Opinion of the CourtStone, J.
The only witness who testified in this case, was, under the decision in the case of Davidson v. The State, (33 Ala. 350,) an accomplice of the defendant, in the game for which he was on trial. The circuit court ruled, that a conviction could be had on the uncorroborated testimony of an accomplice, if that witness had been examined on the preliminary inquisition before the grand jury. In this the circuit court erred. — Code, §§3246-7-8.
Reversed and remanded.
2Cases cited1 opinion
- Davidson v. StateSupreme Court of Alabama · 1859
3Cited by3 opinions
- Hendrix v. StateCourt of Criminal Appeals of Oklahoma · 1913
- Darden v. StateAlabama Court of Appeals · 1915
- Moses v. StateSupreme Court of Alabama · 1877