Legal Opinion

Kirby v. State

Alabama Court of Appeals

Decided June 29, 1918No. 3 Div. 304PublishedCited by 14 opinions

Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Homer Kirby was convicted of forgery in the second degree, and he appeals.

1Opinion of the CourtSamford, J.

[1] (I) Conversations over the telephone, when the voice is recognized and when they are between parties such as to render the conversations relevant, are admissible in evidence. 6 Mayf. Dig. p. 359, § 64. In this case, the witness, at the time he was testifying, said he knew then that the party to whom he had been talking over the ’phone was the defendant. This rendered the testimony competent.

[2] (2) The objection to the testimony by Stokes as to the cashing of other cheeks for defendant and arrangements for payment to ■a negro boy to be sent, being made over the ’phone, came too late; the…

2Cases cited3 opinions

  1. Gassenheimer v. StateSupreme Court of Alabama · 1875
  2. Ingram v. StateSupreme Court of Alabama · 1864
  3. McDonald v. StateSupreme Court of Alabama · 1887

3Cited by14 opinions

  1. Morris v. StateAlabama Court of Appeals · 1932
  2. Dentman v. StateSupreme Court of Alabama · 1957
  3. Hall v. StateAlabama Court of Appeals · 1926
  4. Kirby v. StateAlabama Court of Appeals · 1919
  5. McGraw v. StateAlabama Court of Appeals · 1948

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