Williams v. State, 6 Div. 500.

Decision Date18 May 1939
Docket Number6 Div. 500.
Citation189 So. 84,238 Ala. 40
PartiesWILLIAMS v. STATE.
CourtAlabama Supreme Court

Certiorari to Court of Appeals.

Petition of Herbert Williams, alias Leon Moore, for certiorari to the Court of Appeals to review and revise the judgment and decision of that Court in the case of Williams v. State, 189 So. 81.

Writ denied.

Henry H. Mize, Jas. P. Bradford, and Henry J. Mayfield, all of Tuscaloosa, for petitioner.

Thos. S. Lawson, Atty. Gen., opposed.

FOSTER, Justice.

Objection is made to the opinion of the Court of Appeals in the brief for petitioner in respect to that feature of it which states that the defendant having testified as a witness for himself may be questioned on cross-examination for the purpose of impeachment as to whether he had been convicted in other states of certain different crimes which involve moral turpitude.

We do not seem to have had any case in this State on the subject where the conviction was in another state. See 19 Alabama Digest, Witnesses, p. 801, + 337(5). But that this is not controlling seems to be well supported elsewhere. 70 Corpus Juris 854, section 1055; Herndon v. State, 72 Fla. 108, 72 So. 833. Section 7722, Code, is not so limited by its terms, and should not be so construed.

We need not discuss other questions argued.

Writ is denied.

ANDERSON, C.J., and GARDNER and BOULDIN, JJ., concur.

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5 cases
  • Stephens v. State
    • United States
    • Alabama Supreme Court
    • April 21, 1949
    ...in Florida. Dickey v. State, 32 Ala.App. 413, 26 So.2d 532; Williams v. State, 28 Ala.App. 481, 189 So. 81, certiorari denied, 238 Ala. 40, 189 So. 84. counsel for the State questioned the defendant as to such conviction in Florida, counsel for defendant objected on the ground that petit la......
  • Dickey v. State
    • United States
    • Alabama Court of Appeals
    • June 11, 1946
    ...that the jury might properly weigh his credibility as a witness. Williams v. State, 28 Ala.App. 481, 189 So. 81, certiorari denied 238 Ala. 40, 189 So. 84. As other rulings by the court on objections to testimony, we are of the opinion that the rulings were in each instance so patently corr......
  • Braswell v. State
    • United States
    • Florida District Court of Appeals
    • January 28, 1975
    ...of another state may be shown for the purpose of discrediting a witness. (Dickey v. State, 32 Ala.App. 413, 26 So.2d 532; Williams v. State, 238 Ala. 40, 189 So. 84) The Alabama courts have also held that evidence of a conviction in a Federal court is admissible to impeach a witness testify......
  • Nelson v. State
    • United States
    • Alabama Court of Appeals
    • February 28, 1950
    ...of another state may be shown for the purpose of discrediting a witness. Dickey v. State, 32 Ala.App. 413, 26 So.2d 532; Williams v. State, 238 Ala. 40, 189 So. 84. In Fidelity-Phenix Fire Ins. Co. v. Murphy, 231 Ala. 680, 166 So. 604, on rehearing, it is clearly held that conviction in a f......
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