71 Ala. 319 | Ala. | 1882
The indictment is for the stealing of a hog, which is made a felony by the statute, the evidence as to the identification of the property being circumstantial in its character.
The questions raised involve the proper construction of the recent act of the General Assembly, approved December 2, 1882, of which the defendant availed himself on the trial, providing that in all criminal trials “it shall be competent for defendants to make a statement as to the facts in their own behalf, but not under oath.” This is the substance of the Avhole enactment, with the further provision, “ that should any defendant fail to make a statement as provided for in the previous (or first) section, it shall not militate or be made the subject of comment against him.”- — Acts 1882-83, pp. 4-5.
At common law, as is well known, the defendant was often accorded the' right to make a statement in the nature of an address to the jury in his own behalf, at least in capital cases. This right has also been more recently allowed in cases not capital, the authorities in England not being uniform as to whether it may be exercised only in cases where the defendant has no aid of counsel.-Wharf. Cr. Ev. § 427. We have a constitutional guaranty, common, no doubt, to all the American States, that “ in all criminal prosecutions the accused has a right to be heard by himself and counsel, or either.”-Const. 1875, Art. I, Sec. 7. In The State v. McCall, 4 Ala. 643, a similar provision.in the constitution of 1819 was construed by this court not to authorize the accused to make a statement of facts to the' jury, unless it was “ authorized by the evidence adduced.” The intention of the decision was very clearly to confine this statement to a mere explanation of the facts already in evidence, not extending beyond inferences or comments in the nature of an argument of counsel. The statement was not accorded the force of independent evidence, in the proper acceptation of this term. The practice in this State has always been 'in uniform harmony with this rule.
In the enactment of • the new statute under consideration, we 'can entertain no doubt of the fact that a new privilege was intended to be conferred on defendants in criminal cases, differing very materially from that previously existing. The statement of facts authorized to be made is certainly in the nature of evi
These views are fully supported by authority. A statute existing in the State of Michigan provides that defendants, in criminal cases, “ shall be at liberty to make a statement to the court or jury, and may be cross-examined upon such statement.” Compiled Laws (Mich. 1871) Vol. 2, p. 1715-16. The decisions of the Supreme Court of that State, construing this statute, are in full accord with the above views.-People v. Arnold, 40 Mich. 710; People v. Jones, 24 Mich. 215; DeFoe v. People, 22 Mich. 224; Durant v. People, 13 Mich. 351, supra.
We find no error in the record and the judgment is affirmed.