Livingston v. State
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the. Hon. Thomas M. Arrington. The appellant was indicted, tried and convicted for burglary. There is but one question presented on the present appeal, which refers to the ruling of the court upon the introduction of evidence.
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Appeal from the City Court of Montgomery. Tried before the. Hon. Thomas M. Arrington. The appellant was indicted, tried and convicted for burglary. There is but one question presented on the present appeal, which refers to the ruling of the court upon the introduction of evidence. The facts in reference to this ruling are sufficiently stated in the opinion. cited Hodge v. State, 97 Ala. 37 ; Riley v. State, 88 Ala. 193 ; Young v. State, 68 Ala. 569. cited Riley v. State, 88 Ala. 193 ; Young v. State, 68 Ala. 569 ; Busby v. State, 77 Ala. 66 ; Hodge v. State, 97 Ala. 37.
1Opinion of the CourtHaralson, J.
A witness for the State testified that there were some tracks found near the building which had been burglarized ; that pne of the tracks was made *128by a person wearing a number 6 or 7 shoe ; that defendant wore a 6 or 7 shoe, and “these (trades) corresponded, in his opinion, with the track of defendant.” To the part of this evidence which is italicized, the defendant objected, but the court admitted it, and defendant excepted. There was other evidence, tending to show that the defendant was guilty, and some tending to show he was not. The court admitted, that, of itself, this evidence was not…
2Cases cited4 opinions
- Young v. StateSupreme Court of Alabama · 1881
- Hodge v. StateSupreme Court of Alabama · 1892
- Riley v. StateSupreme Court of Alabama · 1889
- Busby v. StateSupreme Court of Alabama · 1884
3Cited by10 opinions
- Pope v. StateSupreme Court of Alabama · 1911
- Brindley v. StateSupreme Court of Alabama · 1915
- Moss v. StateSupreme Court of Alabama · 1907
- Daniell v. StateAlabama Court of Appeals · 1954
- Loper v. StateSupreme Court of Alabama · 1920
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