American Surety Co. v. Pryor

This case was submitted under rule 46, and the opinion of the court was r delivered by

ANDERSON, C. J.:

It may be conceded that upon the trial of one for embezzlement other acts of the accused of a similar nature or character can be shown on the inquiry whether the act in question was done knowingly and intentionally. Lang v. State, 97 Ala. 41, 12 South. 183. This evidence, however, is admissible as bearing upon the guilt or innocence of -the accused in the criminal prosecution only, and not necessarily in a suit for malicious prosecution, as the guilt or innocence was adjudicated by the…