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Paradise v. StateParadise v. State

Supreme Court of Alabama
Nov 15, 1901
Reporters:
Before:
McOlellan
McOLELLAN, O. J.

David Paradise is the father of defendants. He was introduced by them as a witness and testified ‍‌‌‌​‌​​‌​‌​​​​‌​​​​​​‌​‌‌​‌​​​​​‌‌​​‌​‌‌​‌​‌​‌​‌‌‌‌​​‌‌​​​​‌‌​​​‌​​​​​‌‌​‌‌​​‌​‌‌‌‌‌‌​​​​‌​​​‌‌​‍to material facts in” their behalf. It was competent for the State to show, as going to his interest in the case and ‘Credibility, that- he himself was *29implicated with his sons in the commission of the ‍‌‌‌​‌​​‌​‌​​​​‌​​​​​​‌​‌‌​‌​​​​​‌‌​​‌​‌‌​‌​‌​‌​‌‌‌‌​​‌‌​​​​‌‌​​​‌​​​​​‌‌​‌‌​​‌​‌‌‌‌‌‌​​​​‌​​​‌‌​‍offense for which they were being tried. His statements to the witness Smith tended to prove such implication. They Avere relevant and material evidence in the case. It Ava>s proper for the State to prove the ‍‌‌‌​‌​​‌​‌​​​​‌​​​​​​‌​‌‌​‌​​​​​‌‌​​‌​‌‌​‌​‌​‌​‌‌‌‌​​‌‌​​​​‌‌​​​‌​​​​​‌‌​‌‌​​‌​‌‌‌‌‌‌​​​​‌​​​‌‌​‍statements by David Paradise himself on cross-examination, and upon his denying that he had made them, it was entirely competent to prove them by Smith; the Lestimony of the latter going both to prove the substantive ‍‌‌‌​‌​​‌​‌​​​​‌​​​​​​‌​‌‌​‌​​​​​‌‌​​‌​‌‌​‌​‌​‌​‌‌‌‌​​‌‌​​​​‌‌​​​‌​​​​​‌‌​‌‌​​‌​‌‌‌‌‌‌​​​​‌​​​‌‌​‍material fact that the statements Avere made and to contradict Paradise as a Avitness.

We haA‘e considered the other points raised by the appellants on the record, and find no error in them; but as counsel do ‍‌‌‌​‌​​‌​‌​​​​‌​​​​​​‌​‌‌​‌​​​​​‌‌​​‌​‌‌​‌​‌​‌​‌‌‌‌​​‌‌​​​​‌‌​​​‌​​​​​‌‌​‌‌​​‌​‌‌‌‌‌‌​​​​‌​​​‌‌​‍not discuss them in their brief, we deem it unnecessary to enter upon a discussion of them here.

Affirmed.

Case Details

Case Name: Paradise v. State
Court Name: Supreme Court of Alabama
Date Published: Nov 15, 1901
Citation: 131 Ala. 26
Court Abbreviation: Ala.
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