Hammock v. State
| Decision Date | 08 April 1913 |
| Citation | 8 Ala.App. 367,62 So. 322 |
| Parties | HAMMOCK v. STATE. |
| Court | Alabama Court of Appeals |
Appeal from Circuit Court, Franklin County; C.P. Almon, Judge.
Bob Hammock was convicted of unlawfully selling intoxicating liquor, and he appeals. Reversed and remanded.
The remark of the solicitor during his argument to the jury referred to by the court in its opinion, was: "I state to you, gentlemen, that the state's witness told the God's truth when he said he bought that whisky."
Williams & Jones, of Russellville, for appellant.
R.C. Brickell, Atty. Gen., and W.L. Martin Asst. Atty. Gen., for the State.
The judgment entry and other recitals contained in the record show that this defendant had been tried at the same term of the court, on a previous day of the same week of the term for a similar offense, and that the same witness had been in that case, as in this, the only state's witness. Under these circumstances we think the court should have sustained the defendant's objection to the solicitor's question propounded to this witness, embodying in it and calling for an answer showing another and different sale as having been made by the defendant to the witness, as had been testified to by the witness on the former trial. The question as thus framed called for an answer that was, in effect, making proof on this trial of a separate and distinct sale of prohibited liquor to the witness by the defendant on an entirely different occasion. The indictment contains but one count, and the transaction testified to by the state's witness was of a direct and positive nature, to the effect that the defendant had personally sold and delivered to him the prohibited liquor, and had received pay from him for it. Evidence of another sale on a different occasion was therefore not permissible (Askew v. State, 60 So. 455), and it was not proper to allow this proof to be made, as it was calculated to prejudice the defendant's case before the jury.
The question asked the state's witness by the solicitor, seeking to show a purchase of whisky by the witness from the defendant, did not limit the time inquired about to the punishable period, but the answer elicited placed the time within the period, and no injury resulted to the defendant from the fact that the question was too broad.
There was no error in the court's ruling in sustaining the solicitor's objection to the question asked the state's witness on...
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