Farrior v. State
Alabama Court of Appeals
Larceny. Appeal from Montgomery City Court. Heard before Hon. Abmstead Brown. R. E. Farrier was convicted of the larceny of a. cow, and he appeals. No brief reached the Reporter. On the question of comparison by the witness Clark of the check introduced in evidence with an extraneous one, see Moon v. Crowder, 72 Ala. 79; Griffin v. State, 90 Ala. 596; Glover v. Gentry, 104 Ala. 222; Curtis v. State, 118 Ala. 125; Tally v..
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Larceny. Appeal from Montgomery City Court. Heard before Hon. Abmstead Brown. R. E. Farrier was convicted of the larceny of a. cow, and he appeals. No brief reached the Reporter. On the question of comparison by the witness Clark of the check introduced in evidence with an extraneous one, see Moon v. Crowder, 72 Ala. 79; Griffin v. State, 90 Ala. 596; Glover v. Gentry, 104 Ala. 222; Curtis v. State, 118 Ala. 125; Tally v.. Gross, 124 Ala. 567; Ware v. Bush, 148 Ala. 529; King v. State, 8 Ala. App. 238. Counsel discuss the other questions involved in the appeal, but without further citation of…
1Opinion of the CourtPelham, P. J.
The answer of the state’s witness Johnson, “Yes, I hoped killed the cow,” seems to be directly responsive to a question propounded to the witness by defendant’s counsel on cross-examination, and the court cannot be put in error for refusing to exclude the evidence thus elicited in response to the defendant’s cross-examination of the witness, although the answer is a surprise and against the defendant’s interest. If the answer was responsive but unsatisfactory, it would be permitting the defendant to speculate, to’ exclude it because it Avas not what he expected or desired as an answer.
The…
2Cases cited6 opinions
- Green v. StateSupreme Court of Alabama · 1882
- Garrett v. StateSupreme Court of Alabama · 1892
- Allen v. StateAlabama Court of Appeals · 1913
- Ryan v. StateSupreme Court of Alabama · 1893
- Kirk v. StateAlabama Court of Appeals · 1914
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3Cited by3 opinions
- Woodard v. StateSupreme Court of Alabama · 1950
- Grissom v. StateAlabama Court of Appeals · 1947
- Grissom v. StateAlabama Court of Appeals · 1947