Legal Opinion

Thames v. State

Alabama Court of Appeals

Decided February 10, 1914PublishedCited by 2 opinions

Appeal from Coffee Circuit Court. Heard before Hon. H. A. Pearce. Joseph E. Thames was convicted of violating the prohibition law and he appeals.

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Appeal from Coffee Circuit Court. Heard before Hon. H. A. Pearce. Joseph E. Thames was convicted of violating the prohibition law and he appeals. The court was in error in the admission of evidence both as to the stolen chickens, and the fact that they were carried to defendants in exchange for whisky, especially in view of the fact that it was shown that on another occasion one of the witnesses bought a quart of whisky and paid money for it.; — Askew v. State, 60 South. 455. Defendant having elicited evidence as to the chicken theft, it was competent on re-direct examination for the state to…

1Opinion of the CourtPelham, J.

The defendant, on the cross-examination of the state’s witness Simmons, brought out the fact that the witness had been convicted of, or had pleaded guilty to, a charge of stealing chickens. This opened the doors to the state on redirect examination to go into this matter and show the circumstances connected with it. — Wall v. State, 2 Ala. App. 157, 56 South. 57; Williams v. State, 103 Ala. 33, 15 South. 622. Even if it could be said that some of the details pertaining to the matter that .were elicited went beyond the rule, and were not circumstances connected with the transaction injected by…

2Cases cited6 opinions

  1. Allison v. StateAlabama Court of Appeals · 1911
  2. Wall v. StateAlabama Court of Appeals · 1911
  3. Williams v. StateSupreme Court of Alabama · 1893
  4. Loudermilk v. StateAlabama Court of Appeals · 1912
  5. Shivers v. StateAlabama Court of Appeals · 1913

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3Cited by2 opinions

  1. Weatherford v. StateCourt of Criminal Appeals of Alabama · 1979
  2. Leonard v. StateCourt of Criminal Appeals of Alabama · 1979

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