54 So. 175 | Ala. | 1910
Defendant was convicted of a violation of tbe prohibition law in Macon county. Tbe sheriff of tbe county testifying as a witness for tbe state, deposed in general terms that be made no threats nor offered any inducements to bring about a confession on tbe part of defendant to which tbe state proposed to have him testify. But, coming to tbe details of what bad passed between him and tbe defendant, be said, in substance, that on tbe day defendant was lodged in jail on tbe charge to which tbe indictment related be went to tbe defendant in bis cell, witness remaining on tbe outside, and asked him several times bis connection with tbe offense, telling him that be bad a witness that could prove bis guilt, and that be (tbe sheriff ) bad sent a man and- bought a pint from him — seeming just here to refer to an occasion different from that intended to be covered by tbe indictment — and telling him what persons were, present at tbe time of tbe offense for which be was then under arrest. Tbe sheriff further testified that, “I might have said to him it would be better for him to own up to it, that I bad tbe
Other questions reserved will probably not recur. We hardly think any other error has been shown.
Beversed and remanded.