Green v. State , 24 Ala. App. 235 ( 1931 )

SAMFORD, J.

This defendant was jointly indicted with one Sam Simmons. On the trial of Sam Simmons this defendant testified in behalf of the state, at which time he was instructed by the court as follows:

“Mr. Green, you don’t have to testify in the case as to any matter that might tend to incriminate you in regard to any offense charged against you; and any testimony that you voluntarily give in that respect will be used against you on the prosecution of yoiu; own case against you.”

On the trial of this defendant and after the corpus delicti had been proven, the state was permitted, over the objection and exception of defendant, to introduce in evidence the testimony of defendant given on the trial of Sam Simmons and containing inculpatory statements against him. This testimony was transcribed and identified by the court stenographer who had taken and transcribed it.

Inculpatory statements voluntarily made by defendant are admissible against him. Cauley v. State, 14 Ala. App. 133, 72 So. 271; Coplon v. State, 15 Ala. App. 331, 73 So. 225. Such inculpatory statements therefore, appearing in the transcript of the testimony, in the Simmons Case voluntarily given by defendant, was admissible in evidence against him. It was also proper for the whole testimony to be placed in evidence. Burns v. State, 49 Ala. 370; 1 Mayfield Dig. 207 (7).

The statements of the solicitor to which exceptions were reserved are within the limits of legitimate argument.

We find no error in the record, and the judgment is affirmed.

Affirmed.