Storey v. State
Alabama Court of Appeals
Appeal from Houston Circuit Court. ■ Heard before Hon. H. A. Pearce. Otis Storey was indicted and convicted of the offense of perjury, and he appeals.
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Appeal from Houston Circuit Court. ■ Heard before Hon. H. A. Pearce. Otis Storey was indicted and convicted of the offense of perjury, and he appeals. The state charged that on his examination as a witness, duly sworn to testify on the trial of one Sterling Taylor in the circuit court of Houston county, Ala., under indictment for seducing Esther Campbell, an unmarried woman, which said court had authority to administer said oath, he falsely swore that at a party early in March, 1913, at John Grizzle’s he, the said Otis Storey, had sexual intercourse with said Esther Campbell, the matters so…
1Opinion of the Court
BROWN, J.(1) It is well settled that a witness cannot be impeached by proof of a specific actual delinquency not connected with the facts in issue, unless it constitutes a crime involving moral turpitude of which the witness has been convicted, or bears such relation to the transaction under investigation as to show bias or prejudice on the part of the‘witness.—Nelson v. State, 11 Ala. App. 221, 65 South. 844. The objection to the question asked the witness Esther Campbell, eliciting the fact as to whether or not she was the mother of a bastard child at the time the alleged perjured testimony…
2Cases cited9 opinions
- Clardy v. WalkerSupreme Court of Alabama · 1901
- Peterson v. StateSupreme Court of Alabama · 1883
- Sanders v. SteenSupreme Court of Alabama · 1900
- Southern Railway Co. v. Kendall & Co.Alabama Court of Appeals · 1915
- McDaniel v. StateAlabama Court of Appeals · 1915
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Bahakel v. Great Southern Trucking Co.Supreme Court of Alabama · 1947
- Young v. StateAlabama Court of Appeals · 1933