Wheat v. State

Decided November 15, 1895

Supreme Court of Alabama · decided 1895-11-15

Tried before the Hon. William S. ANdeksoN. The appellant was indicted, tried and convicted for selling farm products between sun-set and sun-rise in violation of section 4141 of the Criminal Code. The only question presented on the present appeal, was the admission of secondary evidence of the testimony of one Scott, who was examined as a witness on the former trial of the defendant.

Cited by 2 later decisions — most recently February 1915

2 state decisions

Relies on Burton v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1895-11-15

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McCLELLAN, J.

¶1The only question in this case is whether a sufficient predicate was laid in the circuit court for the admission of the testimony of one Scott given on a former trial before the county court in behalf of the State, on the ground that he was dead or permanently or indefinitely out of the State at the time of the trial in the circuit court. No effort to prove his death was made; and the evidence offered as to his absence went only to show that he was not in Washington county. This was wholly insufficient.—Burton v. State, 107 Ala. 68. The court, therefore, erred in receiving evidence as to the testimony of this witness on the former trial.

¶2Reversed and remanded.