86 Ala. 594 | Ala. | 1888
Henry Williams was introduced and examined as a witness for the State. He testified that, shortly before the alleged burglary of the store-house was committed, he stole the hey of the store-house, and delivered it to the defendant. He was ashed, on cross-examination, if he did not, in his testimony before the committing magistrate
We suppose the Circuit Court was influenced in its ruling by the case of Sonneborn v. Bernstein, 49 Ala. 168. The principle declared in that case is not supported by the authorities, and must be overruled. There are exceptional cases — a charge of rape is one of them — in which, under certain circumstances, such testimony may be received. The present case does not fall within tbe exception to the rule, and the Circuit Court erred in receiving the testimony. The correct rule is declared in Nichols v. Stewart, 20 Ala. 358; 1 Greenl. Ev. § 469; Adams v. Thornton, 82 Ala. 260.
Reversed and remanded.