DocketNumber: 4 Div. 724.
Citation Numbers: 93 So. 380, 18 Ala. App. 526
Judges: SAMFORD J.
Filed Date: 5/30/1922
Status: Precedential
Modified Date: 1/11/2023
On the trial the defendant offered to show by the witness Gant, who was being examined as a witness for the state, that the officers obtained information regarding the still of defendant from one Cowan. This was the merest hearsay, and not admissible.
As to what other parties had formerly owned and operated the still was entirely immaterial. Admitting that the other parties were alike guilty, this would not exculpate the defendant.
While the defendant was being examined on cross-examination the solicitor was permitted, over the general objection of defendant, to ask this question: "You have been convicted before the making liquor, haven't you?" — to which the defendant answered: "Yes, sir." It is insisted that this is reversible error, and to sustain this contention we are cited Lakey v. State.
"We entertain the opinion that the conviction for a felony made so by statute, which was not a crime at common law, may be shown for the purpose of affecting his credibility as a witness under section 1795 (now 4008) of the Code."
However, the Supreme Court, in Ex parte Marshall,
The judgment of the circuit court is reversed, and the cause is remanded.
Reversed and remanded.