Legal Opinion

Liles v. State

Supreme Court of Alabama

Decided January 15, 1857PublishedCited by 22 opinions

Erom the Circuit Court of Jackson. Tried before the Hon ¥1. S. Mudd. The prisoner, Tbomas Liles, alias, Thomas Liles Nix, was indicted and convicted for the murder of one "Wallis E. Bose.

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Erom the Circuit Court of Jackson. Tried before the Hon ¥1. S. Mudd. The prisoner, Tbomas Liles, alias, Thomas Liles Nix, was indicted and convicted for the murder of one "Wallis E. Bose. The only error assigned relates to the admission, against the prisoner’s objection, of declarations made by him and his wife at the time of his arrest, which are particularly stated in the opinion of the court. cited McGuire v. Maloney, 1 B. Monroe, 225; Boscoe’s Criminal Evidence, 147; 1 Grcenl. Ev. §§ 341-2; 2 StarMe’s Ev. 402, notes 1 and 2; 2 Bussell on Crimes, 981.

1Opinion of the CourtStone, J.

In determining how far the conduct of a prisoner may be evidence against him, we feel that we are treading on dangerous and doubtful ground. One of acute sensibilities might be overwhelmed by a simple accusation of crime; while a hardened offender would stand unabashed, and undisturbed in muscle, though conscious of the deepest guilt. A respectable modem writer, speaking of the effect produced by imputation of crime, uses the language, that “it is an impulse of nature, consequent upon *25extreme surprise, to which the innocent may yield, as well as the guilty. It may happen that the more…

2Cases cited3 opinions

  1. Johnson v. StateSupreme Court of Alabama · 1850
  2. Smith v. StateSupreme Court of Alabama · 1846
  3. Brock v. StateSupreme Court of Alabama · 1855

3Cited by22 opinions

  1. McAdory v. StateSupreme Court of Alabama · 1878
  2. Levison v. StateSupreme Court of Alabama · 1875
  3. Spicer v. StateSupreme Court of Alabama · 1914
  4. Smith v. StateCourt of Criminal Appeals of Alabama · 2000
  5. Ex Parte WeaverSupreme Court of Alabama · 1996

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