Curtis v. State
Supreme Court of Alabama
Appeal from Dallas Circuit Court. Tried before the lion. John Mooee. The indictment upon which the appellant was tried and convicted, charged him with the larceny of a mule belonging to Solomon Craig.
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Appeal from Dallas Circuit Court. Tried before the lion. John Mooee. The indictment upon which the appellant was tried and convicted, charged him with the larceny of a mule belonging to Solomon Craig. On the trial, Craig testified that, prior to the finding of the indictment, he was the owner of amule; that in the latter part of October, 1884, the mule was taken from his lot without his knowledge or consent; that about the first of November, 1884, the defendant brought him a horse, saying that he had traded the mule for it; that, although witness had never given defendant any authority to…
1Opinion of the CourtClopton, J.
As a general rule, evidence that the defendant has committed offenses other than those charged in *14the indictment, though of a similar nature, is gprima facie inadmissible. The general rule has its limitations and exceptions. When it is material to show the intent with which the act charged was committed, to illustrate its criminality, or to identify the accused as the persou who committed the act laid in the indictment, such evidence is admissible. — Ingram v. State, 39 Ala. 247; Yarborough v. State, 41 Ala. 405. The evidence of the circumstances under which the defendant obtained the horse…
2Cases cited2 opinions
- Ingram v. StateSupreme Court of Alabama · 1864
- Yarborough v. StateSupreme Court of Alabama · 1868
3Cited by10 opinions
- Johnson v. StateSupreme Court of Alabama · 1941
- Wilkins v. StateAlabama Court of Appeals · 1940
- Mitchell v. StateSupreme Court of Alabama · 1903
- Longmire v. StateSupreme Court of Alabama · 1900
- Shouse v. StateAlabama Court of Appeals · 1952
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