McQueen v. State
| Decision Date | 07 January 1896 |
| Citation | 108 Ala. 54,18 So. 843 |
| Parties | McQUEEN v. STATE. |
| Court | Alabama Supreme Court |
Appeal from circuit court, Butler county; John R. Tyson, Judge.
Paul McQueen was convicted of larceny, and appeals. Reversed.
The appellant was indicted, tried, and convicted for the offense of grand larceny, and sentenced to the penitentiary for three years. On the trial of the case, as is shown by the bill of exceptions, the state introduced evidence tending to show that the defendant was guilty of the offense of which he was charged. The defendant, as a witness in his own behalf testified that he did not take the piece of goods which he was accused of stealing. One John T. Whittington, as a witness for the defendant, testified "to the previous good character of the defendant for honesty in the community in which he lived." On cross-examination, this witness testified as follows: The state, in rebuttal offered in evidence the indictment and judgment entry in the case of the state against the present defendant, in which he was convicted for grand larceny and sentenced to hard labor for the county, prior to the commission of the offense for which he was then on trial. Upon the introduction of all the evidence, the attorney for the defendant, as is stated in the bill of exceptions, argued to the jury "that they could only consider the evidence of conviction of defendant of grand larceny as going to his credibility as a witness, and that they could not consider it for any other purpose." In its oral charge to the jury, the court instructed them as follows: "You may look to the fact that the defendant was convicted of grand larceny at the fall term, 1890, of this court, in determining whether the defendant has proven a good character for honesty." The defendant duly excepted to this portion of the court's general charge, and also separately excepted to the court's refusal to give each of the following charges requested by him: (1) "If you believe the evidence, you should find the defendant not guilty." (2) "If, from the evidence, you have a reason to doubt the defendant's guilt, you should acquit him."
Gamble & Powell, for appellant.
Wm. C Fitts, Atty. Gen., for the State.
In all criminal prosecutions, whether of felony or misdemeanor, the accused may prove his good character, not only when a doubt exists on the other proof, but even to generate a doubt of his guilt. Within the sense and meaning of the rule character is the estimate put upon the defendant,-the reputation he bears in the neighborhood or community or society in which he may reside or in which he is known. Haley v. State, 63 Ala. 83; Sullivan v State, 66 Ala. 48; De Arman v. State, 71 Ala. 351. As it is general reputation which is the matter of inquiry, specific facts or acts are not admissible to prove or disprove its existence, for the reason that a...
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