Paul v. State, 4 Div. 51
| Decision Date | 04 May 1971 |
| Docket Number | 4 Div. 51 |
| Citation | 251 So.2d 246,47 Ala.App. 115 |
| Parties | Danny Leon PAUL, alias v. STATE. |
| Court | Alabama Court of Criminal Appeals |
Lewis V. Chesser, Andalusia, for appellant.
MacDonald Gallion, Atty. Gen., and Joseph G. L. Marston, III, Asst. Atty. Gen., for the State.
Appellant was convicted for buying, receiving, concealing, etc., stolen property in the Circuit Court of Covington County. He was sentenced to ten years imprisonment.
The evidence presented by the State, if believed by the jury under the required rule, was sufficient to support the judgment and verdict rendered in the Circuit Court.
The cause must be reversed, however, due to the ruling of the trial court in connection with a question asked by the district attorney on cross-examination.
The stolen property with which the appellant was charged with being illegally involved consisted of a boat, two boat motors, and a boat trailer. The appellant had also been charged with, but had not been tried on, the same offense in connection with a stolen truck and tractor.
Appellant argues that reversible error was committed when the district attorney, on cross-examination of appellant, was permitted on seven different occasions to refer to his connection with this truck and tractor. Of these seven instances referred to by appellant, clearly no error was committed as to six of them. The appellant failed to object to four of them and no error was reserved. Another question asked by the district attorney, to which appellant raised a general objection, called for impeachment evidence and did not refer to the truck and tractor as stolen property. Still another question which appellant generally objected to was sustained by the trial court. Then the following testimony occurred:
We consider this reversible error. Ordinarily a general objection without assigning grounds is inadequate to preserve error on review. However, when the evidence sought is manifestly illegal, a general objection is sufficient. Helms v. State, 34 Ala.App. 82, 37 So.2d 229, cert. denied 251 Ala. 275, 37 So.2d 231; Hale v. State, 20 Ala.App. 270, 101 So. 774, cert. denied Ex parte Hale, 212 Ala. 101, 101 So. 775; Gabriel v. State, 40 Ala. 357.
Prior arrests of the accused on other charges which have no relevancy except as tending to show his bad character are not admissible and a general objection to such evidence is sufficient. Rogers v. State, 34 Ala.App. 617, 42 So.2d 642, cert. denied 252 Ala. 670, 42 So.2d 643; Chicarella v. State, 39 Ala.App. 22, 93 So.2d 802, ...
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Johnson v. State, 6 Div. 942
...(3rd ed. 1977), hereinafter cited as McElroy's. The rule is similar in this state as regards prior arrests; this court in Paul v. State, 47 Ala.App. 115, 251 So.2d 246, cert. denied, 287 Ala. 739, 251 So. 248 (1971), stated: "Prior arrests of the accused on other charges which have no relev......
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Palmer v. State, 5 Div. 262
...117 Ala. 140, 23 So. 653; Harrison v. Baker, 260 Ala. 488, 71 So.2d 284; Loyd v. State, 279 Ala. 447, 186 So.2d 731; Paul v. State, 47 Ala.App. 115, 251 So.2d 246, cert. denied 287 Ala. 739, 251 So.2d 248; and Rule 33, Circuit and Inferior Court Rules of Practice, Title 7, Code of Alabama 1......
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State v. Milton
...burglary and theft where defendant was convicted of the unlawful sale of marijuana. For other prior arrest cases, see Paul v. State, 47 Ala.App. 115, 251 So.2d 246 (1971); Bolin v. State, 472 S.W.2d 232 (Tenn.Cr.App.1971); Lucas v. State, 378 S.W.2d 340 (Tex.Cr.App.1964); Robedeaux v. State......
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Ex parte Johnson
...ed. 1977), hereinafter cited as McElroy's. "The rule is similar in this state as regards prior arrests; this court in Paul v. State, 47 Ala.App. 115, 251 So.2d 246, cert. denied, 287 Ala. 739, 251 So.2d 248 (1971), stated: 'Prior arrests of the accused on other charges which have no relevan......