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148 Ala. 618

Mitchell v. State

Supreme Court of Alabama

Decided January 17, 1907

Supreme Court of Alabama · decided 1907-01-17

Robbery. Appeal from Tuscaloosa County Court. Heard before Hon. H. B. Foster. From a conviction for robbery from the person Jim Mitchell appeals.

Relies on Crawford v. State · Byers v. State · Gordon v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1907-01-17

How this case has been cited

Cited by 7 later decisions — most recently October 1980

1 federal appellate · 6 state decisions

40190719101920193019401950196019701980decided

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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McCLELLAN, J.

¶1— The defendant was indicted for and convicted of robbery from the person. Upon the trial, on cross-examination of a witness introduced by the state, the defendant sought to elicit from that witness evidence of his previous conviction of “playing or betting in a game of craps.” On objection, the. question to this end was disallowed by the court. The action of the court was proper, since gaming, by any means, is not such an infamous crime as, under our statutes, may be shown in evidence to discredit the testimony of a witness.Smith v. State, 129 Ala. 89, 29 South. 699, 87 Am. St. Rep. 47; Gordon v. State, 140 Ala. 29, 36 South. 1009.

¶2The defendant haying testified in his own behalf, it was competent for the state to introduce evidence of *620his general character and his character for truth and veracity; and, the character witness (Kyle) háviug qualified as such, no error was committed in allowing him, in response to proper questions, to state that he would not credit defendant, even under oath.—Byers v. State, 105 Ala. 31, 16 South. 716; Crawford v. State, 112 Ala. 1, 21 South. 214.

¶3There is no error in the record, and the judgmenl must be affirmed.

¶4Affirmed. ,

Dowdell, Anderson, and Denson, JJ., concur.
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