Huckabaa v. State
| Decision Date | 16 May 1922 |
| Docket Number | 4 Div. 726. |
| Parties | HUCKABAA v. STATE. |
| Court | Alabama Court of Appeals |
Rehearing Denied June 20, 1922.
Appeal from Circuit Court, Covington County; Arthur B. Foster, Judge.
George O. Huckabaa was convicted of violating the prohibition law, and he appeals. Affirmed.
A. Whaley, of Andalusia, for appellant.
Harwell G. Davis, Atty. Gen., for the State.
If the intention of the jury is clearly manifested, the omission of the word "guilty" will not vitiate the verdict. The following verdict: "We, the jury, find the defendant and assess a fine of $50"-is sufficient to support a judgment of guilt. 27 R. C. L. 859, § 31.
When the court during the trial of a cause commits error in admitting testimony, and afterwards excludes it, and clearly and emphatically instructs the jury to disregard such testimony, the error is cured, unless the error has so prejudiced the jury as to be impossible of eradication. Davis v. State (Ala. App.) 93 So. 269.
This court and the Supreme Court have recently held, in line with the long-established rule, that evidence, though illegally obtained, is admissible in evidence.
The bottle of liquor found in defendant's possession was introduced in evidence, and the jury properly took it with them in the jury room while considering this verdict. There can be no doubt about the correctness of the court's ruling on this point.
We find no error in the record, and the judgment is affirmed.
Affirmed.
To continue reading
Request your trial
-
State v. Autheman
... ... Ordinarily, ... it is not reversible error for a court to admit improper ... evidence, if it later instructs the jury to disregard the ... same in their deliberations. (Remus v. United ... States, 291 F. 501; Collins v. State, 27 ... Ga.App. 223, 107 S.E. 782; Huckabaa v. State, 19 Ala. App ... 11, 95 So. 587.) ... WM. E ... LEE, J. Budge, C. J., Givens and Taylor, JJ., and Hartson, D ... J., concur ... [274 P. 806] ... [47 ... Idaho 330] WM. E. LEE, J ... For the ... killing of Charles Boston, John ... ...
- Johnson v. State
-
Simas v. State, 7 Div. 841
...Martin v. State, Ala.Cr.App., 343 So.2d 810; Certiorari Denied, Ex Parte Ellie Fleming Martin, III, Ala., 343 So.2d 815; Huckabaa v. State, 19 Ala.App. 11, 95 So. 587; Tinker v. State, Ala.Cr.App., 389 So.2d The second issue contained in the appellant's brief is that the trial court erred t......
-
Martin v. State
...the court should accord to the defendant another trial.' And this Court, speaking through Sanford, J., in the case of Huckabaa v. State, 19 Ala.App. 11, 95 So. 587 stated. 'When the court during the trial of a cause commits error in admitting testimony, and afterwards excludes it, and clear......