Vann v. State
| Decision Date | 19 May 1904 |
| Parties | VANN v. STATE. |
| Court | Alabama Supreme Court |
Appeal from Circuit Court, Dale County; A. A. Evans, Judge.
Hayden Vann was convicted of selling liquor without a license, and he appeals. Reversed.
After the state had introduced Oscar Ellis, Andrew Glover, and Ellis Glover as witnesses, and they had left the witness stand, the defendant requested that each of said witnesses be brought back on the stand, the purpose being to lay a predicate for the impeachment of each of said witnesses. The state objected to the said witnesses being reintroduced unless each of them should go upon the stand as a witness for the defendant. The court sustained each of the objections and to each of these rulings the defendant separately excepted. The other facts of the case, showing the rulings of the trial court which are reviewed on the present appeal, are sufficiently stated in the opinion.
Massey Wilson, Atty. Gen., for the State.
Indictment for retailing alcoholic liquor without a license. Andrew Glover, a witness for the state, testified that he bought a pint of alcohol from the defendant at the house of one Weems on the occasion of a negro frolic there, and that Oscar Ellis and Ellis Glover came up to the place--behind Weems' house--where he and defendant were, just as he completed his purchase and was going away, and "he left them while they were discussing buying whisky from the defendant." On cross-examination the defendant drew out from this witness that he and Oscar Ellis and Ellis Glover were witnesses against the defendant in this cause before the grand jury and thereupon defendant asked this witness Andrew Glover "if he was not convicted of selling liquor without a license in the United States court, and that Hayden Vann [this defendant] was the witness who testified against him and that while this case was pending against him, Oscar Ellis, and Ellis Glover in the United States court they all three went before the grand jury and procured this indictment against the defendant." This question assumes, in the absence of and without itself calling for any evidence of the fact, that the prosecution in the federal court was against Oscar Ellis and Ellis Glover jointly with the witness Andrew Glover. Its purpose is to show ill will on the part of the witness toward defendant, and a combination between him, the other Glover, and Ellis to hatch up this charge against ...
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