Wright v. State
| Decision Date | 15 February 1908 |
| Parties | WRIGHT v. STATE. |
| Court | Alabama Supreme Court |
Rehearing Denied July 3, 1908.
Appeal from Law and Equity Court, Walker County; T. L. Sowell, Judge.
Will Wright was convicted of larceny from the dwelling house, and he appeals. Affirmed.
The goods alleged to have been stolen were a pair of dark gray pants and one pair of shoes, the property of one Richardson. Exceptions to evidence are sufficiently set out in the opinion. Two charges were refused to the defendant: (1) The general affirmative charge. (2) "The court charges you, gentlemen of the jury, that if any of the state's witnesses have exhibited bias, against the defendant, or anger, and satisfied you that they had not testified truly, and were not worthy of belief, and you thought their testimony should be disregarded, you may disregard it altogether."
Leith & Gunn and John A. Coleman, for appellant.
Alexander M. Garber, Atty. Gen., for the State.
In order to identify the goods that had been burglarized from the house, a witness testified, that he lived near Richardson, the man who owned the house that was entered, and had seen him wear the pants, and a pair of shoes, alleged to have been lost, with a suit of clothes he had. The solicitor asked him, "Was the suit of clothes he had just like the pants?" that had been taken; and he answered that the pants and coat were just alike, and he had seen the defendant wear the pants before he heard of Richardson's losing his.
Other witnesses testified, in substance, that the pants taken were like Richardson's. This evidence was objected to, but was let in by the court, as tending to show the identity of the pants taken and found with defendant, with Richardson's. The statements were admissible, as we have held, as collective facts. Thornton v. State, 113 Ala. 43, 21 So. 356, 59 Am. St. Rep. 97, and authorities there cited.
There was evidence from which the jury could find the defendant guilty, and the evidence, to that end, and that of defendant, was in conflict. Of course, the general charge for defendant was, under such conditions, properly refused.
The second charge requested by defendant was properly refused as being abstract.
Affirmed.
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