71 So. 617 | Ala. Ct. App. | 1916
The solicitor, on cross-examination of the defendant and over his objection, was allowed to show that the defendant did not keep a record as required by this statute of cows that he purchased and paid for in the conduct of his business. The defendant was not indicted for a violation of this statute, and whether he had complied with it with reference to cattle which he had purchased previous to the transaction under investigation was wholly immaterial and could have no legitimate influence in solving the issues in the case; the only influence it could have exerted is the wholly illegitimate one of prejudicing the jury against the defendant.—Underhill, Criminal Evidence, § 87; Henson v. State, 114 Ala. 25, 22 South. 127; Rogers v. State, 12 Ala. App. 196, 67 South. 781. If the testimony had been limited to the transaction in question, it would have been admissible, although it showed that the defendant had violated this statute.—Kirkwood v. State, 3 Ala. App. 19, 57 South. 504.
There was no error in refusing defendant’s charge 1, as it pretermits a consideration of all the evidence.—Roden v. State, 13 Ala. App. 105, 69 South. 366. Charge 2 was likewise properly refused.—Williams v. State, 161 Ala. 52, 50 South. 59; Phillips v. State, 162 Ala. 14, 50 South. 194. Charge 4 was well refused.—Stevens v. State, 6 Ala. App. 6, 60 South. 459; Welch v. State, 156 Ala. 112, 46 South. 856.
The defendant’s guilt was not entirely dependent upon the evidence of the witness Brown; non constat, the circumstantial evidence developed in the case was sufficient to carry the issues to the jury, and charges 10 and 11 were properly refused.
Reversed and remanded.