Bufford v. State
| Decision Date | 20 April 1916 |
| Docket Number | 6 Div. 971 |
| Citation | 71 So. 614,14 Ala.App. 69 |
| Parties | BUFFORD v. STATE. |
| Court | Alabama Court of Appeals |
Appeal from Criminal Court, Jefferson County; William E. Fort Judge.
Henry Bufford, alias Burfford, was convicted of grand larceny, and appeals. Affirmed.
Witness Arwood, testifying, stated that he had seen defendant write a number of letters and notes, and was familiar with his handwriting. "I had written him a letter before receiving this letter, and he had written me a letter before that (witness being shown a letter)."
Lee Cowart, of Birmingham, for appellant.
W.L Martin, Atty. Gen., and P.W. Turner, Asst. Atty. Gen., for the State.
Appellant was tried and convicted for the larceny of an animal of the cow kind. On the trial a state's witness was asked if the defendant made any statements to him about the stolen property, or made any threats about witness testifying in the case. A general objection to the question was overruled. In this there was no error authorizing a reversal. While the form of the question may have been objectionable, the evidence sought to be elicited by the inquiry was material. Nevers Lumber Co. v. Fields, 151 Ala. 367, 370, 44 So. 81.
Objection was made by the defendant to the introduction of a certain letter. As a bill of exceptions is construed most strongly against the party presenting, the presumption will be indulged, neither the letter nor its contents being included in the transcript, that the trial court properly admitted the letter. Yellow Pine Lbr. Co. v. Ala. State Land Co., 171 Ala. 77, 80, 54 So. 608.
Under the doctrine announced in Karr v. State, 106 Ala. 1 17 So. 328, the witness who identified defendant's handwriting was properly qualified. The weight of his testimony was a question for the jury. He, however, showed sufficient acquaintance with defendant's writing to testify. If there had been any error in this regard, it was rendered unavailing by defendant's later testimony that the witness "is familiar with my handwriting; we have had a number of letters pass between us."
A proper predicate for the admission of the defendant's confession was laid. Before testifying the witness had said that neither he nor any one else in his hearing or presence had threatened the defendant, nor told him it would be better to make a statement or worse if he did not, nor had he nor any one else promised the defendant any reward, or held out any...
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Wyatt v. State
...accompanied the reception of the exhibits, such error was obviated by appellant's admissions as to the standard writings. Bufford v. State, 14 Ala.App. 69, 71 So. 614. C. D. Brooks, of the State Department of Toxicology, who qualified as a handwriting expert, testified that in his opinion t......
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Bray v. State
... ... predicate essential to render the inculpatory statements of ... the defendant made to the officer when he was taken into ... custody admissible against him was sufficient. Fortner v ... State, 12 Ala.App. 180, 67 So. 720; Pearce v ... State, 14 Ala.App. 120, 72 So. 213; Bufford v ... State, 14 Ala.App. 69, 71 So. 614 ... One of ... the elements of the burden of proof resting upon the state ... was to prove the corpus delicti--in this case the death of ... Adams by some criminal agency--and any evidence tending to ... prove either of these facts was ... ...
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Sandlin v. State
... ... still subject to the call and protection of the court. There ... are many adjudicated cases upholding the above view where the ... intimidation occurs before the witness has testified. Ex ... parte State ex rel. Attorney General, etc., 209 Ala. 5, 96 ... So. 605; Bufford v. State, 14 Ala. App. 69, 71 So ... 614; McCullar v. State, 20 Ala. App. 585, 104 So ... 436; 62 A. L. R. 136 note. It is also held that such evidence ... will not be rejected because it proves another offense ... Baker v. State, 190 Ind. 385, 129 N.E. 468. We see ... no reason why the ... ...
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McCullar v. State
... ... made bond, the defendant came to the witness and stated to ... him, in substance, "that if he [witness] testified ... against him [defendant] he would never testify against any ... one else," etc ... Under ... the authority of the cases of Bufford v. State, 14 ... Ala.App. 69, 71 So. 614, Dempsey v. State, 15 ... Ala.App. 201, 72 So. 773, Smith v. State, 183 Ala ... 25, 62 So. 864, and McClain v. State, 182 Ala. 67, ... 62 So. 241, we think this testimony clearly admissible. While ... it may not be in the nature of a confession, yet it ... ...