64 So. 520 | Ala. Ct. App. | 1914
The defendant was tried on an indictment charging in two separate counts the sale of spirituous, vinous, or malt liquors without a license, and contrary to law. No charge of keeping for sale was
The court permitted the defendant to show on the cross-examination of the state’s witness Nicholson, as affecting his bias, ill will or feeling against the defendant, that the defendant at one time had the witness arrested for mortgaging a cow; and it was not error for the court to refuse to allow the defendant to go into the details of the transaction, and show that the cow had been taken away by a Mr. Rushton, and that the witness was still indebted for the cow. It is proper to ask a witness if he was not unfriendly with the party against whom he testifies on account of his indebtedness to such party; but it is not competent to ask him simply if he was not indebted to such party. — Sanford v. State, 143 Ala. 78, 39 South. 370.
The paper writing that the bill of exceptions recites was shown this witness, and offered in evidence by the defendant, is not set out, and no data furnished this court by which it can pass on the rulings of the lower court in connection with the admissibility of the paper as evidence. .
The indictment in its two separate counts alleged two sales of prohibited beverages, and, the state having proved by direct and positive testimony two sales of whisky to have been made by the defendant, one to the state’s witness Latimore on June 14, 1913, and one to the state’s witness Nicholson on the fourth Sunday in January, 1913, this constituted an election as to the crimes charged in the indictment upon which the state
It is a general rule that it is not permissible to prove or admit circumstances going to shoAV that the defendant commmitted another offense, or other offenses, of similar character to that charged, except Avhen neces
The court was also in error in overruling the objection to the question asked the defendant’s witness Barnett by the solicitor on cross-examination, as follows: “Don’t you know everybody in that county complained about this negro selling whisky?” But, as the bill of exceptions does not show an answer made to the question after the court overruled the defendant’s objection to it, no prejudicial error is presented for review.
For the errors committed in rulings on the evidence prejudicial to the defendant that we have above discussed, the judgment of the lower court must be reversed.
Reversed and remanded.