Whizenant v. State
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Tried before Hon. Samuel H. Spbott. Henry Wliizenant, defendant in the lower court, was indicted, tried and convicted for the larceny of two steers or oxen, the property of Amanda Blackburn. The evidence for the prosecution tended to show the commission of the offense in Shelby county, in August, 1882, and that the steers were afterwards carried to Birmingham, in Jefferson county.
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Appeal from Jefferson Circuit Court. Tried before Hon. Samuel H. Spbott. Henry Wliizenant, defendant in the lower court, was indicted, tried and convicted for the larceny of two steers or oxen, the property of Amanda Blackburn. The evidence for the prosecution tended to show the commission of the offense in Shelby county, in August, 1882, and that the steers were afterwards carried to Birmingham, in Jefferson county. To connect the defendant with the offense, the State examined as witnesses Miles and Shafer, who testified that about the time of the larceny Miles purchased from the defendant…
1Opinion of the CourtStone, J.
In Chappell v. State, ante p. 322, we construed the act under which defendants in criminal cases are allowed “ to make a statement as to the facts in their own behalf, but not under oath.” Under the ruling there made, this cause must be reversed.
And in Burke v. State, ante p. 377, we ruled that a defendant, in making his statement, should not be allowed to state his own motive, belief, or intention, unless that motive, belief or intention was made known at the time the act was done, the facts of which he is permitted to state. It is for the jury to infer the motive, belief, or intention, from…
2Cases cited4 opinions
- Nichols v. StewartSupreme Court of Alabama · 1852
- Childs v. StateSupreme Court of Alabama · 1876
- Smith v. StateSupreme Court of Alabama · 1876
- Lucas v. StateSupreme Court of Alabama · 1878
3Cited by26 opinions
- State ex rel. Attorney General v. TallySupreme Court of Alabama · 1893
- Bryant v. StateSupreme Court of Alabama · 1897
- Johnson v. StateSupreme Court of Alabama · 1893
- McGuff v. StateSupreme Court of Alabama · 1946
- McCormick & Richardson v. Joseph & AndersonSupreme Court of Alabama · 1884
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