Hubbard v. State
| Decision Date | 25 July 1895 |
| Citation | 18 So. 225,107 Ala. 33 |
| Parties | HUBBARD v. STATE. |
| Court | Alabama Supreme Court |
Appeal from circuit court, Wilcox county; John Moore, Judge.
Abe Hubbard was convicted of grand larceny, and appeals. Affirmed.
N. F Dunning, introduced as a witness for the state, testified among other things: That, upon losing the hog stolen, he and one Dannelly went to the defendant's house, and after the said Dannelly's telling the defendant that Dunning had lost a hog, and they believed that he had stolen it, and had come to search for it, they proceeded to search the defendant's house, without any objection on the part of the defendant. After searching the defendant's house they proposed to search his corn crib, and asked the defendant for the key. That thereupon the defendant said the key was misplaced or lost, and could not be found, but he made no objection to the crib being searched. The defendant objected to the witness' testifying as to what he said about the key to his corn crib, and moved the court to exclude such testimony from the jury. The court overruled the objection and motion, and to this ruling of the court the defendant duly excepted. The witness then testified that upon pulling a plank off of the door of the crib, they found in said crib, under several pounds of fodder, a barrel containing the parts of a hog cut up and salted. G. T. Dannelly, another witness for the state, testified that, when he and the witness Dunning made the search of the defendant's house and corn crib, they had no search warrant or writ of arrest. In other respects the testimony of this witness was substantially the same as the testimony of the witness Dunning. The defendant moved to exclude from the jury the testimony of this witness as to what the defendant said about the key to the corn crib being lost, and duly excepted to the court's overruling his motion. This ruling of the trial court upon the evidence is the only question presented for review on the present appeal.
Virginius W. Jones, for appellant.
Wm. C. Fitts, Atty. Gen., for the State.
The trial court did not err in receiving evidence of the fact that when Dunning and others, who were looking for the property alleged to have been stolen, proposed to search the defendant's corn crib, which was locked, the defendant said the key had been lost or mislaid. It was shown that although none of the party had a search warrant, the defendant made...
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