Vaughn v. State

Citation24 Ala.App. 604,139 So. 833
Decision Date16 February 1932
Docket Number8 Div. 428.
PartiesVAUGHN v. STATE.
CourtAlabama Court of Appeals

Appeal from Circuit Court, Madison County; Paul Speake, Judge.

Louie Vaughn was convicted of burglary, and he appeals.

Affirmed.

Taylor, Richardson & Sparkman, of Huntsville for appellant.

Thos E. Knight, Jr., Atty. Gen., for the State.

BRICKEN P.J.

The corpus delicti was fully proven by the undisputed evidence. This evidence disclosed that the store of J. M. Dutton, the alleged injured party, had been broken into and entered on the night in question, and that certain contents therein were stolen on that occasion. No question was involved as to time or venue.

The indictment charged this appellant, and one Joe Wheeler Loring, jointly, with the commission of the offense. Upon arraignment of the two defendants, the record shows that Loring interposed a plea of guilty as charged, and that this appellant pleaded not guilty, whereupon the trial proceeded upon the issue thus raised.

After the state had shown by its evidence, which, as stated, was without conflict, that the offense charged had been committed by some person or persons, it offered evidence which tended to show that on the night in question the two accused men were seen together by several parties in close proximity of the store and some time after 12 o'clock. This was undenied, and the evidence also shows they were together the next morning after the alleged burglary, and were both arrested at the home of this appellant.

Walter Jones, witness for the state, testified: "I know Louie Vaughn and Joe Wheeler Loring. I worked for J. M. Dutton at the time his store was broken into. The store was broken into by the front glass window being kicked out. I had a conversation with Joe Wheeler Loring in Louie Vaughn's presence. I did not make him any threats or offer him any reward or any inducement to get him to talk, nor did anyone in my presence. I asked if Joe broke into the store and he said yes. Louie Vaughn was there at the time and heard him talking to me, and I asked if they broke into the store, and they said they did; that Joe made the first lick on the window and that Louie Vaughn kicked it the next time and they went in and took the slot machine and broke it open with a hammer; said they both did it. He told me that in the presence of Louie Vaughn, and Louie didn't dispute it. The slot machine was broken up, and the checks and money had been run out. They took it back of the store and broke it open, and Joe Wheeler took the hammer that I used to open boxes with and prized it open. They told me they took it out the back door and broke it open and took the money out of it. This conversation was at the City Hall, in the police court before they went in the court room. Louie Vaughn was present when Joe Wheeler was doing the talking. He was present when the other man was talking right where he could see the other man and hear him. Louie and Joe Wheeler Loring were both under arrest and in the custody of the...

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6 cases
  • Territory Hawai`i v. Corum
    • United States
    • Hawaii Supreme Court
    • May 11, 1937
    ...to the offense or to its detection or prosecution: Jackson v. State, supra, conversation between witnesses and the defendant; Vaughn v. State, supra, the statement of one defendant incriminating another; Ford v. State, 34 Ark. 649, 654, at the magistrate's trial H [[defendant] said to appel......
  • Territory of Hawaii v. Corum
    • United States
    • Hawaii Supreme Court
    • May 11, 1937
    ... ... accusation is made ...          By the ... Federal as well as many state courts it is held that the fact ... of arrest on a criminal charge alone is sufficient to render ... inadmissible as evidence the failure of an ... offense or to its detection or prosecution: Jackson ... v. State, supra, conversation between ... witnesses and the defendant; Vaughn v ... State, supra, the statement of one defendant ... incriminating another; Ford v ... State, 34 Ark. 649, 654, at the magistrate's ... ...
  • Lowe v. State
    • United States
    • Alabama Court of Appeals
    • June 26, 1945
    ...observed missing. Clearly, the corpus delicti was established by this proof. Ashmon v. State, 9 Ala.App. 29, 63 So. 754; Vaughn v. State, 24 Ala.App. 604, 139 So. 833. the State had concluded its evidence in chief, appellant moved for an exclusion of the testimony and a directed verdict in ......
  • Hardwick v. State
    • United States
    • Alabama Court of Appeals
    • June 28, 1935
    ...in the case, in determining the guilt or innocence of these defendants. Jones v. State, 23 Ala.App. 546, 129 So. 97; Vaughn v. State, 24 Ala.App. 604, 139 So. 833; Cabaniss v. City of Tuscaloosa, 21 Ala.App. 507, So. 761; Tate v. State, 23 Ala.App. 122, 122 So. 461. Nor, does the fact that ......
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