Adams v. State
Decision Date | 20 May 1941 |
Docket Number | 4 Div. 642. |
Citation | 2 So.2d 468,30 Ala.App. 188 |
Parties | ADAMS v. STATE. |
Court | Alabama Court of Appeals |
R. S. Ward, of Geneva, for appellant.
Thos S. Lawson, Atty. Gen., and John J. Haynes, Asst. Atty. Gen for the State.
Appellant was convicted of the offense of petit larceny-it being alleged in the indictment, and the jury finding, that he "feloniously took and carried away two rolls of wire fence, of the value of Twenty Two Dollars, the personal property of A. S. Griffin." Code 1928, Sec. 4908, Code 1940, Tit. 14, § 334.
The evidence in the case was entirely circumstantial; and the following comment by the learned trial judge, as taken from his oral charge to the jury, is in every sense correct to-wit: "it is simply a question of fact to be determined by this jury as to whether or not this defendant Curtis Adams, did steal the property, or some of the property, alleged in this indictment belonging to A. S. Griffin."
It was plainly shown that somebody feloniously took and carried away Griffin's said wire. And in undertaking to fasten guilt upon this appellant, the State used as one of its principal witnesses one George Paul-without whose testimony it is not possible for us to say whether or not appellant would have been convicted.
Upon the cross-examination of George Paul by defendant's (appellant's) counsel these things occurred: He testified that
The following questions, answers, objections and exceptions then appear in the bill of exceptions, to-wit:
Now anent the last foregoing objection, and exception, we believe it not out of place to borrow and adopt the observations (and quotations) made by Judge Simpson in his opinion for this court in the case of Sowell v. State, 199 So. 900, 901, to-wit:
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