78 Ala. 173 | Ala. | 1884
The second charge given at the instance of defendant is in the following language: “If the jury believe, from the evidence, that defendant went into possession of the
The alleged transcript from the General Land Office was not sufficiently attached nor identified by the commissioner’s certificate, to let it in as evidence. — Herndon v. Givens, 16 Ala. 261; Susquehanna R. R. Co. v. Quick, 68 Penn. St. 189; Whar. Ev. § 824.
We need not consider the motion made to reject defendant’s pleas. The plea of not guilty was an admission of defendant’s possession, which is equivalent to the consent rule.
Reversed and remanded.
Appellant has leave to withdraw the original document, certified up for our inspection.