69 So. 297 | Ala. Ct. App. | 1915
The court then examined witnesses touching the matter, including the said Clem Williams, who was first sworn, and who testified- that he had never asked anybody for nor obtained said clothes, and that he was not in possession of them, and had never been, and did not know anything Avhatever about them.
While it is true that the janitor of the jail, upon then being sworn, testified that a person came to him and obtained said clothes by stating that defendant sent for them, and Avhile it is further true that he testified, after' Clem Williams had been called around and exhibited to him, that Clem Williams was the man, still he qualified this statement by saying that the man Avho asked for and obtained the clothes was a man who had himself been confined in the jail there a Avhile. Clem Williams then testified in rebuttal that he had never been an inmate of the jail, but admitted that he had been there to visit his brother. The court thereupon overruled defendant’s motion, to which the latter excepted.
The court could be reversed for refusing to grant the motion and to make the order moved for therein only in the event it should be made satisfactorily to appear that the making of the order Avould probably have accomplished its purpose — that is, Avould probably have resulted finally in a production of the clothes mentioned —only in the event it should be made to satisfactorily appear, from the evidence offered in support of the mo
It does not appear that the court refused any charge requested by defendant.
As we find no error in the record, the judgment of conviction is affirmed.
Affirmed.