De Bardeleben v. State
| Decision Date | 04 April 1918 |
| Docket Number | 5 Div. 700 |
| Citation | 201 Ala. 523,78 So. 877 |
| Parties | DE BARDELEBEN v. STATE. |
| Court | Alabama Supreme Court |
Certiorari to Court of Appeals.
E.L. De Bardeleben was convicted of burning an insured house with the intent to defraud the insurer. From a judgment of the Court of Appeals (77 So. 979), reversing and remanding, he applies for writ of certiorari. Certiorari denied.
F. Loyd Tate, Atty. Gen., and Emmett S. Thigpen, Asst. Atty. Gen., for the State.
Hill, Hill & Whiting, of Montgomery, for appellee.
This court is satisfied that the Court of Appeals has reached a correct conclusion on the two points brought into question by the application in this case (De Bardeleben v. State, 77 So. 979), namely: (1) The admissibility of the testimony of the defendant's wife;3 and (2) the admissibility of the entry made by the clerk of the circuit court going to show the quashal of a previous indictment and an order that another be preferred. In a proper proceeding and upon competent evidence the minutes of the court may yet be amended to show the judgment of the court in that matter, as the Court of Appeals has indicated.
Certiorari denied.
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Moore v. State, 8 Div. 930
...may not be proved by the statements of the co-conspirators. DeBardeleben v. State, 16 Ala.App. 367, 77 So. 979, cert. denied, 201 Ala. 523, 78 So. 877 (1918)." Id. at In Bright v. State, 485 So.2d 398, 401 (Ala.Cr.App.1986), we held that "before a co-conspirator's statement or act will be a......
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Ingle v. State
...may not be proved by the statements of the co-conspirators. DeBardeleben v. State, 16 Ala.App. 367, 77 So. 979, cert. denied, 201 Ala. 523, 78 So. 877 (1918). III On cross examination of State's witness Charles Barnes, defense counsel attempted to show Barnes' bias and interest in testifyin......
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Kilpatrick v. State
...not to do so, such inquiry was not reversible error by the court. De Bardeleben v. State, 16 Ala.App. 367, 77 So. 979, affirmed 201 Ala. 523, 78 So. 877. VI Next, the defendant complains of the trial court's rulings sustaining the objections by the prosecution as to how long a witness was i......
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Bright v. State
...existence of the conspiracy to which they relate." DeBardeleben v. State, 16 Ala.App. 367, 369, 77 So. 979, 981, cert. denied, 201 Ala. 523, 78 So. 877 (1918). The inference of the conspiracy must be proved by evidence "independent" of the statements of the co-conspirators. Collins v. State......