Fields v. State

• Decision Date: 12 April 1899
• Citation: 121 Ala. 16,25 So. 726
• Parties: FIELDS v. STATE.
• Court: Alabama Supreme Court

25 So. 726

121 Ala. 16

FIELDS v. STATE.

Supreme Court of Alabama

April 12, 1899

Appeal from circuit court, Madison county; H. C. Speake, Judge.

William Fields was convicted of obtaining goods by false pretenses and he appeals. Affirmed.

After the defendant had testified as a witness in his own behalf the state introduced one Harris Toney as a witness, and asked him the following question: "Are you acquainted with the general character of the defendant in the community in which he lives, and, if so, is it good or bad?" The defendant objected to this question. The court overruled the objection and to this ruling the defendant excepted. The witness answered that he was acquainted with the defendant's general character, and that it was bad. The defendant moved to exclude this answer from the jury, and duly excepted to the court's overruling his motion. Upon the introduction of all the evidence, the defendant requested the court to give to the jury the following written charges, and separately excepted to the court's refusal to give each of them as asked: "(2) If the jury believe the evidence they cannot find the defendant guilty of obtaining more than the amount of goods sold and delivered to the defendant by Mr. Leo Marcheutz. (3) If the jury believe the evidence of the state's witnesses, you cannot find the defendant guilty of obtaining the amount, to wit, $25, charged in the indictment to have been falsely obtained." "(6) If the jury believe from the evidence that Mr. Marcheutz testified that he sold goods, wares, and merchandise to the defendant to the amount of $3.68, and that there is no evidence from any other witness that any other amount was sold to the defendant, then the defendant cannot be punished for more than petit larceny."

Richardson & Bankhead, for appellant.

Charles G. Brown, Atty. Gen., for the State.

DOWDELL J.

The defendant was indicted and tried in the circuit court of Madison county for obtaining goods under false pretenses. On the trial the defendant sought to prove by the foreman of the grand jury that found the indictment, and which was then still in session, that since said indictment had been returned into court, and after the arraignment of the defendant thereon, the grand jury had reconsidered the matter, and voted to withdraw the indictment. In the administration of the criminal law, the powers and duties of the grand jury are prescribed by the statutes. It is that branch of the court, when organized under the...