Montgomery v. State
Supreme Court of Alabama
From the Circuit Court of Henry. Tried before the Hon. H. I). Clayton. The indictment in this case, which was returned into court on the 23d April, 1867, contained two counts, each of which charged, that before the finding of the indictment, “to-wit, on the first day of January, 1867, George Montgomery feloniously took and carried away two mules, the personal property of Thomas J. Irwin”; the only difference between the two counts being, that the first averred the value of…
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From the Circuit Court of Henry. Tried before the Hon. H. I). Clayton. The indictment in this case, which was returned into court on the 23d April, 1867, contained two counts, each of which charged, that before the finding of the indictment, “to-wit, on the first day of January, 1867, George Montgomery feloniously took and carried away two mules, the personal property of Thomas J. Irwin”; the only difference between the two counts being, that the first averred the value of each mule to be more than one hundred dollars, while the second contained no averment of value. The trial was had at the…
1Opinion of the CourtEyed, J.
1. In allowing the witness Brooks to testify, under the facts and circumstances in evidence, the court committed no error. It was a matter of discretion, and, even if erroneous, is not revisable.— The State v. Brookshire, 2 Ala. 303; Sidgreaves v. Myatt, 22 Ala. 617; 1 Greenl. Ev. § 432; Starkie’s Ev. §§ 199, 200; McLean v. The State, 16 Ala. 672. That he was competent, see Code, § 2302.
2. At common law, an accomplice was a competent witness against the other parties engaged with him in the commission of an offense. But the courts cautioned the jury against finding a prisoner guilty of a…
2Cases cited6 opinions
- McLean v. StateSupreme Court of Alabama · 1849
- State v. JonesSupreme Court of Alabama · 1843
- State v. BrookshireSupreme Court of Alabama · 1841
- Sidgreaves v. MyattSupreme Court of Alabama · 1853
- State v. BrileySupreme Court of Alabama · 1839
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Watson v. StateCourt of Criminal Appeals of Alabama · 1980
- Burton v. StateCourt of Criminal Appeals of Alabama · 1993
- Stephens v. StateSupreme Court of Alabama · 1947
- State v. LawlorSupreme Court of Minnesota · 1881
- Dykes v. StateAlabama Court of Appeals · 1941
6 more not listed; retrieve them via the Exa API.