Taylor v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before Hon. John Moore. This was an indictment for the larceny of a horse, and was found on the 25th May, 1867. At the spring term, 1868, the defendant was tried and found guilty, as charged in the indictment.
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Appeal from the Circuit Court of Dallas. Tried before Hon. John Moore. This was an indictment for the larceny of a horse, and was found on the 25th May, 1867. At the spring term, 1868, the defendant was tried and found guilty, as charged in the indictment. On the trial, as the bill of exceptions states, “the prosecutor and owner of the horse, Tom Yasser, a freedman, testified, that within three or four days after the horse was missing from his possession, he and a white man named Gus Yasser, in search of the horse, went to the plantation of a Mr. G., in said county, where there were several…
1Opinion of the CourtJudge, J.
The declarations of the prisoner, at the time of his arrest, were no part of the res gestee of the larceny charged, and were incompetent evidence for him.— Spivey v. The State, 26 Ala. 90.
It is not necessary, as has been held by this court, that the record, in a case of felony, should affirmatively show that the prisoner was asked by the court, before sentence was pronounced against him, if he had anything to say in arrest of judgment; the question will be presumed to have *531been asked, unless the record affirmatively shows that it was not. — Aaron & Ely v. The State, 39 Ala. 68 á. In the…
2Cases cited1 opinion
- Spivey v. StateSupreme Court of Alabama · 1855
3Cited by11 opinions
- Spicer v. StateSupreme Court of Alabama · 1881
- Leverett v. StateAlabama Court of Appeals · 1922
- Henderson v. StateSupreme Court of Alabama · 1881
- Billingslea v. StateSupreme Court of Alabama · 1881
- Baker v. StateAlabama Court of Appeals · 1951
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