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124 Ala. 76

Brown v. State

Supreme Court of Alabama

Decided November 15, 1899

Supreme Court of Alabama · decided 1899-11-15

Tried before Hon. A. D. Sayre. No facts necessary to be stated. Charge 2 refused to the defendant, is as follows: “If the confession of the defendant as narrated by the witnesses for the State were obtained by the witnesses R. I. Taylor and W. H. Taylor by a threat or promise of reward on their part, then gentlemen you should carefully scrutinize the testimony of the witnesses in reference to that confession.” cited, Taylor v. State, 118 Ala. 86; Young v. State, 68 Ala. 577.

Cited by 2 later decisions — most recently June 1970

2 state decisions

Relies on Redd v. State · McGuff v. State · Young v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1899-11-15

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McCLELLAN, C. J.

¶1— The several rulings of the trial court on the admissibility of testimony, to which exceptions were reserved, are either so obviously free from error or lacking in prejudice to the appellant that we deem a discussion of them unnecessary to the conclusion that a reversal cannot be based upon them.

¶2The first charge requested by the defendant — viz: “If the confession of the defendant as narrated by the wit*77nesses B. T. Taylor and W. H. Taylor were obtained from the defendant by a threat on their part or by a promise to release the defendant from the dart cell, if he was there confined, then yon cannot consider that evidence,” has been often adjudged bad by this court as in effect submitting to the jury the question of the admissibility of confessions. Bob v. State, 32 Ala. 560; Matthews v. State, 55 Ala. 65; Redd v. State, 69 Ala. 255; Young et al. v. State, 68 Ala. 569; McCuff v. State, 88 Ala. 147.

¶3The second charge refused to the defendant was properly refused on account of its argumentative character, if not for other reasons.

¶4Affirmed.

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