107 Ala. 151 | Ala. | 1894
Evidence to be competent, must consist of facts of which the witness has personal knowledge. If it be material to show a knowledge by a witness of a particular fact, it may be proper to inquire of him whether the fact was or was not known to him ; of his own mental status he is competent to testify. The mental status, the cognition of another, is not a fact; it is of necessity matter of opinion or conclusion dependent on the facts from which the opinion is formed, or the conclusion drawn. The court below erred in permitting the witness to testify that the defendant knew at the time of the difficulty that Rowell had gone to Loachapoka to get a warrant for him. The facts on which the witness formed the opinion, or from which the conclusion was drawn, should have been stated; the resulting opinion or conclusion was matter lying within the exclusive province of the jury.—P. & M. Bank v. Borland, 5 Ala. 546; Peake v. Stout, 8 Ala. 498; Whetstone v. Bank, 9 Ala. 886; Walker v. Walker, 34 Ala. 473. It is not material that the evidence was drawn out on cross-examination. It is true that when a cross-examination is directed to the credibility of a witness, large latitude
As the judgment must be reversed, we deem it necessary to say in reference to the exclusion of the evidence offered by the defendant, that if his knowledge of the fact of the effort to procure the warrant, or of the fact of its issue was material, it was his right to offer evidence controverting either fact. If the offer included secondary, or illegal evidence, the irregularity can be corrected on another trial.
Reversed and remanded.