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105 Ala. 100

Holley v. State

Supreme Court of Alabama

Decided November 15, 1894

Supreme Court of Alabama · decided 1894-11-15

Tried before the Hon. Jesse M. Carmichael. The appellant, Burrell Holley, and George and Ed. Price were jointly indicted and tried for robbery. The Prices were acquitted, but Burrell Plolley was Convicted of the offense charged, and sentenced to the penitentiary for five years.

Key passage — most relied on by later courts

“The charge requested by defendant was properly refused. It asserts the untenable proposition, that the defendant was not required to establish the defense of an alibi which he set up, to the reasonable satisfaction of the jury.”

quoted by 1 later decision, including 25 Ala. App. 270 - Roberson v. State

Relies on Pate v. State · Lewis v. State · Owen v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1894-11-15

How this case has been cited

Cited by 21 later decisions — most recently April 1968

21 state decisions

7018941900191019201930194019501960decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

HARALSON, J.

¶11. The credit of a witness may be impeached by proof that he made statements out of court contrary to what he has testified at the trial, (1 Greenl. Ev., §462); and where evidence has been introduced by the defendant, by way of impeaching him, tending to show that one of the State’s witnesses had made such contradictory statements, the witness’s general character for truth having been thus, in a measure, assailed, it was competent for the State to introduce evidence to sustain his general character, and to show that it was good for truth and veracity. There was, therefore, no error in the admission of the evidence to sustain the credit of Jesse Whitehurst — examined by *103the State — as a truthful witness.—Lewis v. The State, 35 Ala. 386; Hadjo v. Gooden, 13 Ala 718; 1 Greenl. Ev., § 469.

¶22. There was no error in excluding the evidence of Mrs. Ed. Price, the wife of the co-defendant Ed. Price. She was not competent to testify. We have repeatedly held, that where several defendants are jointly indicted and tried, the wife of one of them is not a competent' witness for the others.—Childs v. The State, 55 Ala. 25; Woods v. The State, 76 Ala. 35; Owen v. The State, 78 Ala. 425; Birge v. The State, 78 Ala. 435.

¶33. The charge requested by defendant was properly refused. It asserts the untenable proposition, that the defendant was not required to establish the defense of an alibi which he set up, to the reasonable satisfaction of the jury.—Pate v. The State, 94 Ala. 18; Albritton v. The State, 94 Ala. 76-79; Pellum v. The State, 89 Ala. 28.

¶4We find no error in the record, and the judgment of the court below is affirmed.

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