86 So. 92 | Ala. | 1920
When a person stands charged with the offense of receiving stolen property, under section 7329 of the Code of 1907, it is incumbent upon the state to show, among other things, that he knew the property was stolen. Fulton v. State,
The Court of Appeals further declined to reverse the trial court as to this erroneous oral instruction, upon the idea that, if it was error, the same was cured by giving two written charges requested by the defendant. A mere misleading oral charge may sometimes be cured by an explanatory written one; but this court has heretofore held, and properly so, that an erroneous oral charge is not cured by giving a written charge which correctly covers the proposition erroneously stated in the oral charge, as the jury would not know which to heed or follow. Birmingham L. P. Co. v. Seaborn,
We agree with the holding of the Court of Appeals that it was essential for the defendant to show, or offer to show, in connection with the question to the witness Touart, that Pickens knew of the agreement between him and the solicitor whereby he, the said Pickens, was to receive some immunity in case he would testify as a witness upon the trial of the present defendant; but the Court of Appeals further held that the said agreement with Touart, the attorney of the witness Pickens, and the solicitor, was such a privileged communication as to forbid Touart from testifying as to the same. As to this, the Court of Appeals is in error. "A communication between an attorney and a person other than his client, or an agent of his client, is not privileged, although it may relate to the client's business." 40 Cyc. 2363; M. M. R. R. Co. v. Yeates,
The writ of certiorari is awarded, and the cause is reversed and remanded to the Court of Appeals for further consideration, in conformity with this opinion.
Reversed and remanded.
All the Justices concur. *347