Wilkerson v. State
| Decision Date | 09 June 1904 |
| Parties | WILKERSON v. STATE. |
| Court | Alabama Supreme Court |
Appeal from Cherokee County Court; J. A. Bilbro, Judge.
Luther A. Wilkerson was convicted of selling liquor without a license, and appeals. Reversed.
On the trial of the case the state introduced as a witness one John Kiesler, who testified that on February 19, 1901, he stopped at the defendant's house in the town of Centre, in Cherokee county, and bought a pint of liquor from him, and paid him 40 cents therefor. On the cross-examination of this witness by the defendant he was asked if he did not testify in July, 1901, before the United States commissioner at Gadsden, during an investigation wherein the present defendant was charged with selling liquor contrary to law that he had never bought any liquor from the defendant. The witness answered that he did not. The witness further testified that he was a witness at that time against the defendant, and that Joe Winter and Will Knight were also present on that occasion. The defendant, as a witness in his own behalf, and the said Joe Winter and Will Knight, each testified that upon the investigation before the United States commissioner at Gadsden in July, 1901, in which the present defendant was charged with selling liquor contrary to law, the witness John Kiesler testified that he had never bought any liquor from the defendant. Upon the cross-examination of the witness Joe Winter he was asked "if he did not stand indicted for the same offense with which the defendant was being tried in the same court." The defendant objected to this question on the ground that it called for illegal, irrelevant, and incompetent evidence, and duly excepted to the court overruling his objection. The witness answered that he was so indicted. The state also asked the witness Will Knight on cross-examination "if there was not an indictment pending in said circuit court against him for public drunkenness." The defendant objected to this question on the ground that it called for illegal, irrelevant, and incompetent evidence, and duly excepted to the court overruling his motion. The witness answered that there was such an indictment pending against him. The defendant requested the court to give to the jury the following written charge, and separately excepted to the court's refusal to give the same as asked: "The court charges the jury, if Kiesler swore before the commissioner last July that he had never bought any liquor from this defendant, the jury may look to that fact, in connection with all the other evidence, in determining what credence they will give to his...
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Jenkins v. State
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...718. But we have held that such evidence is admissible under some circumstances to show bias on the part of the witness.--Wilkerson v. State, 140 Ala. 165, 37 So. 265; Ray v. State, 248 Ala. 425, 27 So.2d 872. See Stephens v. State, 252 Ala. 183, 40 So.2d 90; George v. State, 27 Ala.App. 19......
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Ray v. State, 2 Div. 224.
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