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142 Ala. 3

Toliver v. State

Supreme Court of Alabama

Decided November 15, 1904

Supreme Court of Alabama · decided 1904-11-15

Tried before the TIon. William H. Thomas. The appellant in this ease was tried and convicted under the following indictment; “The grand jury of said county charge that before the finding of this indictment, Shad Dean and Willie Tolliver alias Crack, feloniously took five’bills of the denomination of five dollars each of the lawful currency of the United States of America, the property of J. J. Boyd, from his person and against his will, by violence to his person, or by…

Relies on Brown v. State · Banks v. State · Hudson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1904-11-15

How this case has been cited

Cited by 9 later decisions — most recently August 1992

9 state decisions

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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.

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TYSON, J.

¶1What the objections were, taken by demurrers against the sufficiency of the indictment, the record does not inform us. But, whatever they were, they are without merit. — Form 77 p. 335 of the Code.

¶2It was open to the jury to find under the evidence, not only that defendant actually participated in the robbery, but that there was a conspiracy between him and Dean to commit the offense. It was, therefore, entirely competent for the prosecution to show what was said and done by Dean in furtherance of the common design after the defendant had absented himself from the scene of the crime as a part of the res gestae of the transaction. — Hunter v. State, 112 Ala. 77; Thomas v. State, 133 Ala. 139; Hudson v. State, 137 Ala. 60.

¶3The defendant attempted-to show that one Claude Henry was with Dean when the robbery was committed and not himself. This, was, of course, entirely competent. But what Henry’s character was in that neighborhood was not proper subject matter of enquiry. If Henry had been charged with the commission of the crime and was on trial, the prosecution could not have shown, to bolster its side of the case, what his character was, no more than it could have shown what this defendant’s character was.

¶4Evidence of the guilt of another must relate to■ and be derived from the facts and circumstances of the rob*7bery. Banks v. State, 72 Ala. 522; Austin v. State, 63 Ala. 178; Brown v. State, 120 Ala. 342.

¶5The written charge requested by defendant was properly refused. — Sanders v. State, 134 Ala. 78.

¶6Affirmed.

McClellan, C. J., Simpson and Anderson, J. J., concurring.
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