MacHen v. State
Alabama Court of Appeals
Appeal from Circuit Court, Jackson County; W. W. Haralson, Judge. Will Machen and others were convicted of the offense of grand larceny, and appeal.
1Opinion of the CourtSamford, J.
[1] After the state’s witness Campbell had testified to certain facts as shown by a hook kept by the steamboat, showing what goods had been unloaded at a certain landing, the defendants’ counsel moved to exclude the testimony, which motion the court overruled. This action of the court was not error. The objection and motion were interposed too late. The defendants cannot speculate on what the witness will say, and, when his testimony proves unfavorable, object, and have it excluded on motion. Robinson v. State, 8 Ala. App. 435, 62 South. 372; Humphreys v. State, 2 Ala. App. 1, 56 South. 72;…
2Cases cited7 opinions
- Ex parte AcreeSupreme Court of Alabama · 1879
- Porter v. StateSupreme Court of Alabama · 1876
- Wilson v. StateSupreme Court of Alabama · 1895
- Phillips v. StateSupreme Court of Alabama · 1909
- Humphries v. StateAlabama Court of Appeals · 1911
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Eakes v. StateCourt of Criminal Appeals of Alabama · 1978
- Ex Parte HillSupreme Court of Alabama · 1924
- Tatum v. StateAlabama Court of Appeals · 1924
- Hill v. StateCourt of Criminal Appeals of Alabama · 1995
- Tennessee Valley Sand & Gravel Co. v. PillingAlabama Court of Appeals · 1950
5 more not listed; retrieve them via the Exa API.