Stephens v. State
Alabama Court of Appeals
Larceny. Appeal from Jefferson Criminal Court. Heard before Hon. S. L. Weaver. Council Stephens was convicted of grand larceny, and he appeals.
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Larceny. Appeal from Jefferson Criminal Court. Heard before Hon. S. L. Weaver. Council Stephens was convicted of grand larceny, and he appeals. The charge was the felonious taking and carrying away of one automobile tire, the property of Sam W. Fowlkes, of the value of $37.60. Testifying for the prosecution, Fowlkes stated that in July, 1910. he left his automobile in front of his store at the corner of Fourth avenue and Nineteenth street, in the city of Birmingham, and did not notice the same any more for several hours, but that, when he did notice it, a rubber tire, which had been left in…
1Opinion of the Court
de GRAFFENRIED, J.
1. Whenever the identity of a thing is in issue, a witness who speaks from personal knowledge and observation may testify to- his opinion on the subject. A party may be able to positively identify a thing, and at the same time not be able to state all the facts on which his opinion is based. When not able to positively identify the object, he may, nevertheless, state, if he is-acquainted with the object, his best opinion, in the absence of proof, by cross-examination or otherwise, that he is ignorant of the matter about which he testifies or speaks merely at random.—Turner…
2Cases cited6 opinions
- Mitchell v. StateSupreme Court of Alabama · 1891
- Lawrence v. City of BostonMassachusetts Supreme Judicial Court · 1875
- Mitchell v. StateSupreme Court of Alabama · 1896
- Turner v. McFeeSupreme Court of Alabama · 1878
- Vandegrift v. StateSupreme Court of Alabama · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Adams v. Queen Insurance Company of AmericaSupreme Court of Alabama · 1956
- Key v. StateAlabama Court of Appeals · 1912
- Williams v. StateAlabama Court of Appeals · 1912
- Hammock v. StateAlabama Court of Appeals · 1913
- Southern Railway Co. v. HobsonAlabama Court of Appeals · 1912
3 more not listed; retrieve them via the Exa API.