Dawkins v. State
| Decision Date | 10 June 1924 |
| Docket Number | 4 Div. 941. |
| Citation | 100 So. 619,20 Ala.App. 54 |
| Parties | DAWKINS v. STATE. |
| Court | Alabama Court of Appeals |
Appeal from Circuit Court, Henry County; H. A. Pearce, Judge.
Fletcher Dawkins was convicted of grand larceny, and appeals. Affirmed.
Lee & Tompkins, of Dothan, for appellant.
Harwell G. Davis, Atty. Gen., and Lamar Field, Asst. Atty. Gen., for the State.
The appellant was jointly indicted with Louie Leonard for grand larceny. A severance was demanded, and the appellant was tried and convicted. The prosecution was for the larceny of two hogs, the personal property of Donie Norton.
There was evidence that the hogs were missing, and tracks of two hogs and tracks of two men were traced to a point near the homes of the defendant and Louie Leonard, where there were indications that hogs had been killed. Both the defendant and Louie Leonard were found at the home of the defendant and denied having any fresh meat at their houses. A whole hog recently killed was found at defendant's house. There was evidence tending to identify this dead hog found as one of the hogs belonging to the prosecuting witness, Donie Norton.
One Helmes, a witness for the state, was asked, "Did you hear Fletcher Dawkins or Louie Leonard in Fletcher Dawkins' presence say anything with reference to the meat when you were there?" Objection was made to the question and motion made to exclude the answer. "They said there wasn't any meat there." The solicitor asked "You heard them say something?" Witness answered "Yes, sir." The solicitor for the state then laid proper predicate to show that the answer was voluntary, and then asked "What did they say?" The witness answered, "Said there wasn't any meat there." Proper predicate having been laid, any statement relating to the stolen meat, either admitting or denying knowledge or possession of it, by either the defendant or his codefendant in the indictment, in the presence of the other was admissible.
If two persons agree either expressly or impliedly that they will steal a hog and one of the defendants shoot the hog, this was construed a conspiracy. Browder v. State, 102 Ala. 164, 14 So. 895.
A conspiracy to commit a crime may be proven by circumstantial evidence. Marler v. State, 67 Ala. 55, 42 Am. Rep. 95.
When the evidence establishes prima facie a conspiracy between the defendant and another to commit the crime with which he is charged, declarations of one coconspirator may be admissible against another. Hunter v. State, 112 Ala. 77, 21 So. 65; Johnson v. State, 87 Ala. 39, 6 So. 400; McAnally v. State, 74 Ala. 16; Amos v. State, 83 Ala. 1, 3 So. 749.
There was evidence tending to show that both the defendant and Louie Leonard were guilty of the...
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Stinson v. State, 8 Div. 377
...Williams v. State, supra; Lancaster v. State, 21 Ala.App. 140, 106 So. 609, cert. den. 214 Ala. 2, 106 So. 617 (1925); Dawkins v. State, 20 Ala.App. 54, 100 So. 619 (1924); C. Gamble, McElroy's Alabama Evidence, § 195.03(8) (3d ed. In the present case, two white males carrying guns robbed V......
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Williams v. State
...with the conspiracy is also admissible to show their connection. Lancaster v. State, 21 Ala.App. 140, 106 So. 609; Dawkins v. State, 20 Ala.App. 54, 100 So. 619. In the present case, the fact of Earnest James' appearance on January 1, 1978, the day he and the appellant were arrested for Tho......
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Green v. State
...or commission of such crime is admissible against the co-conspirator. Hunter v. State, 112 Ala. 77, 21 So. 65; Dawkins v. State, 20 Ala.App. 54, 100 So. 619; Aplin v. State, 19 Ala.App. 604, 99 So. Appellant further contends that the trial court erred in allowing the introduction into evide......
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Baker v. State
...or his codefendant in the indictment, in the presence of the other, was admissible.' (Italics ours.) Foster, J., in Dawkins v. State, 20 Ala.App. 54, 100 So. 619. The action of the lower court in admitting these statements, and denying appellant's motion to exclude, when the involuntary cha......