Henry v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Bibb. Tried before the Hon. John Moobe. The appellant was indicted, tried and convicted for the burglary of a smoke-house, the property of Sallie Melson.
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Appeal from the Circuit Court of Bibb. Tried before the Hon. John Moobe. The appellant was indicted, tried and convicted for the burglary of a smoke-house, the property of Sallie Melson. Upon the trial of the case, as is shown by the bill of exceptions, the State introduced a witness, Jack Melson, who testified among other things: that on Sunday, March 17, 1895, the smoke-house of his wife, Sallie Melson, was broken into ; that the smoke-house had been broken into several times before, and he hid himself some 120 steps thex^efrom to watch during the day; that between 1 and 2 o’clock that day…
1Opinion of the CourtBrickell, C. J.
There was no error in permitting the witness Melson to account for and explain his declaration, on the next day after the commission of the bur*26glary, when the defendant came into his presence, that he was not satisfied the defendant was the guilty party. He had testified precisely and distinctly to the identity of the defendant and detailed the occurrences between them. Whatever of inconsistency there was between his testimony and the declaration it was the right and-duty of the witness to explain. The sufficincy of the explanation was matter for the consideration of the jury. The rule is…
2Cases cited2 opinions
- Campbell v. StateSupreme Court of Alabama · 1853
- Hall v. StateSupreme Court of Alabama · 1867
3Cited by14 opinions
- McGuff v. StateSupreme Court of Alabama · 1946
- Pollard v. RogersSupreme Court of Alabama · 1937
- Turner v. StateSupreme Court of Alabama · 1909
- Glass v. StateSupreme Court of Alabama · 1906
- Kinsey v. StateSupreme Court of Alabama · 1920
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