Hunter v. State
| Citation | 21 So. 65,112 Ala. 77 |
| Parties | HUNTER v. STATE. |
| Decision Date | 18 December 1896 |
| Court | Supreme Court of Alabama |
Appeal from criminal court, Jefferson county.
Anderson Hunter, indicted with Charles Cole and Obe Lovelace, was convicted of grand larceny, and he appeals. Affirmed.
John Murray testified that he lived near, and worked in one of the coal mines, located a few miles from Birmingham; that on January 20, 1896, about 10 o'clock in the morning, he came to Birmingham, Jefferson county; that he did some trading in a store; that Obe Lovelace was present when he had a $20 bill changed; that Lovelace tried to sell him a watch that he left the store, and Lovelace followed him; that he was about to get on a dummy, when Lovelace approached him again, and said he was getting up hands for the Sloss Iron & Steel Company, and he wanted to engage Murray in that capacity for said company; that witness said he was going to Woodlawn, a suburb of Birmingham, about four miles distant by dummy; that Lovelace said he was going there, too, and he had engaged 10 hands, and wanted to get some more; that they walked up the street together, and that Lovelace "treated" to cigars and drinks, saying that the Sloss Company furnished his money to treat on; that they took a good many drinks and cigars together, and each time Lovelace insisted on Murray's drinking; that they were together until 12 o'clock; that witness was considerably under the influence of the intoxicating drinks he had taken but not too drunk to know what he was about; that Obe Lovelace tried to make him drunk on mean whisky; that he did take several drinks of beer and whisky; and that not long after 12 o'clock they went to a house on Twenty-Second street and Second avenue, in Birmingham, Jefferson county, where defendant lived. To each and every question of the solicitor to the witness Murray, regarding the acts and declarations of Obe Lovelace, up to the time they arrived at defendant's house, and got with defendant, the latter objected, on the ground that any act or declaration made by another out of the presence of and without the knowledge of the defendant were not competent evidence against him. The court overruled the objections, and defendant excepted. The witness Murray further testified that, when he and Lovelace reached defendant's house, and went in, a colored woman gave them chairs; that Lovelace went into another room of the house, and soon thereafter he and the defendant, Anderson Hunter, came into the room where the witness was, and they all three sat down; that thereupon Lovelace tried to get witness to bet on a trick which the defendant was playing, and, upon his refusal to do so, Lovelace pretended to bet; that during the betting Lovelace asked the witness to change a $20 bill of the defendant, in which he had won an interest; that witness...
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